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Dniverslty  o!  the  State  ol  New  York  Bulletin 

Entered  at  lecond-clau  matter   August  2,   1913,  at  the   Post   Office  at  Albany, 
N.    Y.,   under  the  act  of   Aut:ust  24,    1912.       Acceptance   for   mailing   at 
special  rate  of  postage   provided   for  in   section    1103,   act  of 
October  3,   1917,  authorized  July  19,   1918 

Published  Fortnightly 


No.  759 


ALBANY,  N.  Y. 


June  1922 


UC-NRLF 


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[JCATION  LAW 

.MENDED    TO    JULY    1,    1922 


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PAGE 

itioiial    provisions ---  1 

Education   law ___--  2 

Index  - -----      337 


ALBANY 
THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

1922 


W38r-Je32-4000(967)' 


University  of  tie  State  olfNewJork  Bulletin 

Entered  as  second-class  matter  August   2,    1913,   at   the   Post   Office  at   Albany, 

N.    Y.,   under  the   act  of   August   24,    1912.      Acceptance   for   mailing   at 

special  rate  of  postage  provided  for  in  section  1103,  act  of 

October  3,   1917,  authorized  July  19,   1918 

Published  Fortnightly 
No.  759  ALBANY,  N.  Y.  June  1,  1922 


EDUCATION  LAW 

AS   AMENDED   TO    JULY    1,    1922 

CONSTITUTIONAL  PROVISIONS   RELATING  TO 
EDUCATION 

Constitution,  art.  9 

§  1  Common  schools.  The  Legislature  shall  provide  for  the 
maintenance  and  support  of  a  system  of  free  common  schools, 
wherein  all  the  children  of  this  State  may  be  educated. 

§  2  Higher  education.  The  corporation  created  in  the  year 
1784,  under  the  name  of  the  Regents  of  The  University  of  the  State 
of  New  York,  is  hereby  continued  under  the  name  of  the  Univer- 
sity of  the  State  of  New  York.  It  shall  be  governed  and  its  cor- 
porate powers,  which  may  be  increased,  modified  or  diminished  by 
the  Legislature,  shall  be  exercised,  by  not  less  than  nine  Regents. 

§  3  Educational  funds.  The  capital  of  the  common  school 
fund,  the  capital  of  the  literature  fund,  and  the  capital  of  the 
United  States  deposit  fund,  shall  be  respectively  preserved  inviolate. 
The  revenue  of  the  said  common  school  fund  shall  be  applied  to 
the  support  of  common  schools;  the  revenue  of  the  said  literature 
fund  shall  be  applied  to  the  support  of  academies ;  and  the  sum  of 
$25,000  of  the  revenues  of  the  United  States  deposit  fund  shall 
each  year  be  appropriated  to  and  made  part  of  the  capital  of  the 
said  common  school  fund. 

§  4  Restrictions  of  subsidies.  Neither  the  State  nor  any 
subdivision  thereof,  shall  use  its  property  or  credit  or  any  public 
money,  or  authorize  or  permit  either  to  be  used,  directly  or  indi- 
rectly, in  aid  or  maintenance,  other  than  for  examination  or 
inspection,  of  any  school  or  institution  of  learning  wholly  or  in  part 
under  the  control  or  direction  of  any  religious  denomination,  or 
in  which  any  denominational  tenet  or  doctrine  is  taught. 


\;v^: 


Efi?[?&ATION  LAW 

AS    AMENDED    TO    JULY    1,    1922 

[Note  :  —  In  compiling  this  edition,  the  text  of  such  articles  of  the  Education  Law  as  do 
not  relate  to  the  administration  of  the  public  schools  generally,  has  been  omitted.] 

L.  1910,  Chap.  140  —  An  act  to  amend  the  Education  Law, 

generally 

[In  effect  April  22,  1910] 

The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1,  Chapter  21  of  the  Laws  of  1909,  entitled  "An  act 
relating. to  education,  constituting  chapter  16  of  the  Consolidated 
Laws  ",  is  hereby  amended  to  read  as  follows : 

CHAPTER  16  OF  THE  CONSOLIDATED  LAWS 
EDUCATION   LAW 

Article    1  Short  title  and  definitions  (§§  1,  2) 

2  Education  Department  (§§  20-27) 

3  University  of  the  State  of  New  York  (§§  40-79) 

4  Commissioner  of  Education  (§§  90-99) 

5  School  districts  (§§120-54) 

6  School  neighborhoods  (§§  170-72) 

6-A  Temporary  school  districts   (§§  175-79) 

6-B  Central  rural  schools   (§§  180-86) 

6-C  Central  high  school  districts  (§§  187-89-1) 

7  District  meetings    (§§   190-207) 

7-A  School  elections  in  certain  cities  (§§  208-18) 

8  School  district  officers;  general  provisions  (§§  220-36) 

9  District  clerk,  treasurer,  collector   (§§  250-57) 

10  Trustees  (§§  270-85) 

11  Boards  of  education  (§§  300-28) 

12  Town  clerks   (§§  340,  341) 

13  Supervisors   (§§  360-66) 

14  District    superintendent    of    schools;    his    election,    powers    and 

duties   (§§  380-98) 

15  Assessment  and  collection  of  taxes   (§§  410-40) 

16  School  buildings  and  sites    (§§  450-67) 

17  School  district  bonds   (§  480) 

18  School  moneys   (§§  490-502) 

19  Trust  for  schools;  gospel  and  school  lots   (§§  520-28) 

20  Teachers  and  pupils  (§§  550-68) 
20-A  Medical  inspection   (§§  570-77) 
20-B  Children  with  retarded  mental  development   (§§  578-79) 

21  Contract  system  (§§  580-86) 


EDUCATION    LAW  3 

Article  22      General  industrial  schools,  unit  trade  and  technical  schools,  part- 
time    or    continuation    schools,    practical    arts    or    homemaking 
schools,  and  schools  of   agriculture,  mechanic  arts  and  home- 
making  (§§  600-8) 
22-A  Farm  school  in  counties  (§§  610-19-b)    . 

23  Compulsory  education   (§§  620-38) 

24  School  census   (§§  650-54) 

25  Textbooks   (§§  670-74) 

26  Physiology  and  hygiene  (§§  690,  691) 

26-A  Discipline  and  physical  training  (§§  695-98) 

26-B  Instruction    in    the    humane    treatment    of    animals    and    birds 

(§  700) 
26-C  Instruction  in  patriotism  and  citizenship  (§§  705,  706) 

27  The  flag   (§§  710-13) 

28  Fire  drills  (§§  730-33) 

29  Arbor  Day  (§§750-52) 

30  Teachers  institute  (§§  770-76) 

31  Training  classes   (§§  790-94) 

32  Normal  schools;  state  normal  college   (§§  810-35) 

33  Fines;  penalties;  forfeitures  and  costs   (§§  850-62) 

33-A  Board  of  education  in  the  several  cities  of  the  State  (§§  865-81) 
33-B  Salaries  of  the  members  of  the  supervising  and  teaching  stafif  in 
city  schools   (§§  882-89) 

34  Appeals  or  petitions  to  Commissioner  of  Education   (§§  890-92) 

35  Orphan  schools  (§§  900-2) 

36  Schools  for  colored  children   (§§  920-22) 

37  Indian  schools  (§§  940-54) 

38  Instruction  of  deaf  mutes  and  of  the  blind  (§§  970-80) 

39  New  York  State  School  for  the  Blind  (§§  990-1011) 
39-A  Physically  defective  children    (§    1020) 

40  Cornell  University  (§§  1030-39) 
40-A  Agricultural  schools    (§§   1040,   1041) 

41  State     School    of    Agriculture    at    Saint    Lawrence    University 

(§§   1050-53) 
41 -A  State    School    of    Agriculture    and    Domestic    Science    at    Delhi 
(§§   1055-60) 

42  State  School  of  Agriculture  at  Alfred  University   (§§   1070-72) 
42-A  State  School  of  Agriculture  at  Cobleskill   (§§  1075-78) 

43  State  School  of  Agriculture  at  Morrisville  (§§  1090-94) 

43-A  Retirement  fund  for  teachers  in  state  institutions  (§§  1095-99-a) 
43-B  State     teachers     retirement     fund     for     public     school     teachers 
(§§  1100-9-p) 

44  Libraries    (§§  1110-41) 

45  Court  libraries    (§§1160-84-a) 

45-A  State  Institute  of  Applied  Agriculture  on  Long  Island  (§§  1185- 
89) 

46  Divisions  of  History  and  Public  Records  (§§  1190-99) 

46  The  New  York- American  Veterinary  College   (§§  1190-93) 

47  Rehabilitation   (§§  1200-10) 

48  Laws  repealed;  saving  clause;  when  to  take  effect   (§§  1250-52) 

5020  i  9 
K)     Y 


^  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

ARTICLE  1 

Short  Title  and  Definitions 

Section  1  Short  title 
2  Definitions 

§  1  Short  title.  This  chapter  shall  be  known  as  the  "  Educa- 
tion Law." 

§  2  Definitions.  As  used  in  this  chapter,  the  following  speci- 
fied terms  mean  as  here  defined. 

1  Academy.  The  term  "  academy  "  means  an  incorporated  insti- 
tution for  instruction  in  secondary  education,  and  such  high  schools, 
academic  departments  in  union  schools  and  similar  unincorporated 
schools  as  are  admitted  by  the  Regents  to  the  University  as  of 
academic  grades. 

2  College.  The  term  "  college  "  includes  universities  and  other 
institutions  for  higher  education  authorized  to  confer  degrees. 

3  University.  The  term  "  university  "  means  The  University  of 
the  State  of  New  York. 

4  Regents.  The  term  "  Regents  "  means  Board  of  Regents  of 
The  University  of  the  State  of  New  York. 

5  Commissioner.  The  term  "  Commissioner "  means  Commis- 
sioner of  Education. 

6  School  commissioner.  The  term  "  school  commissioner  "  means 
the  local  officer  provided  for  in  article  14. 

7  Secondary  education.  The  term  "  secondary  education  "  means 
instruction  of  academic  grades,  between  the  elementary  grades  and 
the  college  or  university. 

8  Higher  education.  The  term  "  higher  education  "  means  edu- 
cation in  advance  of  secondary  education,  and  includes  the  work 
of  colleges,  universities,  professional  and  technical  schools,  and 
educational  work  connected  with  libraries,  museums,  university  and 
educational  extension  courses  and  similar  agencies. 

9  Trustee.  The  term  "  trustees,"  when  not  used  in  reference  to 
a  school  district,  includes  directors,  managers  or  other  similar  mem- 
bers of  the  governing  board  of  an  educational  institution. 

10  Parental  relation.  The  term  "  persons  in  parental  relation  " 
to  a  child  includes  the  parents,  guardians  or  other  persons,  whether 
one  or  more,  lawfully  having  the  care,  custody  or  control  of  such 
child. 


EDUCATION    LAW  D 

1 1  Compulsory  school  ages.  The  term  "  child  of  compulsory 
school  age  "  means  any  child  between  seven  and  sixteen  years  of 
age  lawfully  required  to  attend  upon  instruction. 

12  School  authorities.  The  term  "school  authorities"  means  the 
trustees,  or  board  of  education,  or  corresponding  officers,  whether 
one  or  more,  and  by  whatever  names  known,  of  a  city,  or  school 
district  however  created. 

13  School  officer.  The  term  "  school  officer "  means  a  clerk, 
collector,  or  treasurer  of  any  school  district;  a  trustee  or  member 
of  a  board  of  education  or  other  body  in  control  of  the  schools  by 
whatever  name  known  in  a  union  free  school  district  or  in  a  city; 
a  superintendent  of  schools ;  a  truant  officer ;  a  school  commissioner ; 
or  other  elective  or  appointive  officer  in  a  school  district  or  city 
whose  -duties  generally  relate  to  the  administration  of  affairs  con- 
nected with  the  public  school  system. 

14  Board  of  education.  The  term  "  board  of  education  '*  shall 
include  by  whatever  name  known  the  governing  body  charged  with 
the  general  control,  management  and  responsibility  of  the  schools 
of  a  union  free  school  district  or  of  a  city. 

ARTICLE  2 

Education  Department 

Section  20  Education  Department 

21  Divisions  of  Department 

22  Assistant  Commissioners 

23  Other  officers  and  employees 

24  Removals  and  suspensions 

25  Joint  seal 

26  Reports  to  the  Legislature 

27  State  Education  Building 

§  20  Education  Department.  The  Education  Department  is 
hereby  continued  and  shall  be  under  the  legislative  direction  of  the 
Regents  and  the  executive  direction  of  the  Commissioner  of  Edu- 
cation, who  is  made,  by  section  94  of  this  act,  the  chief  executive 
officer  of  the  state  system  of  education  and  of  the  Regents.  The 
said  department  is  charged  with  the  general  management  and  super- 
vision of  all  public  schools  and  all  of  the  educational  work  of  the 
State,  including  the  operations  of  The  University  of  the  State  of 
New  York. 

§  21  Divisions  of  Department.  By  concurrent  action  of  the 
Regents  and  the  Commissioner  of  Education  the  Department  may 


6  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

be  divided  into  divisions.  By  like  action  new  divisions  may  be 
created  and  existing  divisions  may  be  consolidated  or  abolished,  and 
the  administrative  work  of  the  Department  assigned  to  the  several 
divisions. 

§  22  Assistant  Commissioners.  The  Commissioner  of  Educa- 
tion shall  appoint,  subject  to  the  approval  of  the  Regents,  such 
Assistant  Commissioners  as  he  shall  deem  necessary  for  the  proper 
organization  and  general  classification  of  the  work  of  the  Depart- 
ment, and  assign  to  such  Assistant  Commissioners  the  work  which 
shall  be  under  their  respective  supervision. 

§  23  Other  officers  and  employees.  The  Commissioner  of 
Education,  subject  to  the  approval  of  the  Regents,  shall  have  power, 
in  conformity  with  their  rules,  to  appoint  all  other  needed  officers 
and  employees  and  fix  their  titles,  duties  and  salaries. 

§  24  Removals  and  suspensions.  With  the  approval  of  the 
Regents,  the  Commissioner  of  Education  may,  at  his  pleasure, 
remove  from  office  any  Assistant  Commissioner,  or  other  appointive 
officer  or  employee;  and,  when  the  Regents  are  not  in  session,  the 
Commissioner  may,  during  his  pleasure,  suspend,  without  salary, 
any  such  officer  or  employee,  but  not  longer  than  till  the  adjourn- 
ment of  the  succeeding  meeting  of  the  Regents. 

§  25  Joint  seal.  The  Regents  of  the  University  and  the 
Commissioner  of  Education  shall  together  adopt,  and  may  modify 
at  any  time,  a  seal,  which  shall  be  used  in  common  as  the  seal  of 
the  Education  Department  and  of  the  University;  and  copies  of  all 
records  thereof  and  of  all  acts,  orders,  decrees  and  decisions  made 
by  the  Regents  or  by  the  Commissioner  of  Education,  and  of  their 
official  papers,  and  of  the  drafts  or  machine  copies  of  any  of  the 
foregoing,  may  be  authenticated  under  the  said  seal  and  shall  then 
be  evidence  equally  with  and  in  like  manner  as  the  originals. 

§  26  Reports  to  the  Legislature.  The  Commissioner  of 
Education  shall  annually  prepare  a  report  of  the  Education  Depart- 
ment, including  the  University,  which  shall  be  transmitted  to  the 
Legislature  over  the  signatures  of  the  Chancellor  of  the  University 
and  of  the  Commissioner  of  Education.  At  their  pleasure,  the 
Regents  or  the  Commissioner  of  Education  may  make  other  reports 
and  communications  to  the  Legislature.  Such  portions  of  their 
annual  or  other  reports  or  communications  as  the  Commissioner  or 
the  Regents  shall  desire  for  such  use  shall  be  printed  by  the  state 
printer  as  bulletins. 


EDUCATION    LAW  7 

§  27  State  Education  Building.  After  the  completion  of  the 
State  Education  Building,  it  shall  be  occupied  exclusively  by  the 
Education  Department,  including  the  University,  with  the  State 
Library,  the  State  Museum,  and  its  other  departments,  together 
with  such  other  work  with  which  the  Commissioner  of  Education 
and  the  Regents  have  official  relations,  as  they  may,  in  their  discre- 
tion, provide  for  therein;  and  such  building  and  the  offices  of  such 
department  shall  be  maintained  at  state  expense. 


ARTICLE  3 

University  of  the  State  of  New  York 

Section  40  Corporate  name  and  objects 

41  Regents 

42  Officers 

43  Meetings  and  absences 

44  Quorum 

45  Authority  to  take  testimony 

46  Legislative  power 

47  General  examinations,  credentials  and  degrees 

48  Academic  examinations 

49  Admission  and  fees 

50  Registrations 

51  Supervision  of  professions 

53  Departments  and  their  government 

52  Extension  of  educational  facilities 

54  State  Museum;  how  constituted 

55  Collections  made  by  the  staff 

56  Indian  collection 

57  Institutions  in  the  University 

58  Visitation  and  reports 

59  Charters 

60  Provisional  charters 

61  Conditions  of  incorporation 

62  Change  of  name  or  charter 

63  Liquidation  of  affairs  of  educational  institutions 

64  Dissolution  of  incorporate  academy  by  stockholders 

65  Suspension  of  operations  ' 

66  Prohibitions 

67  Unlawful  acts  in  respect  to  examinations  and  credentials 

68  Powers  of  trustees  of  institutions 

69  Colleges  may  construct  water-works  and  sewer  systems 

70  State  scholarships  established 

71  Scholarship  fund  of  The  University  of  the  State  of  New  York 

72  Regents  to  make  rules 

IZ  List  of  candidates,  award  of  scholarship 
74  Issuance  of  scholarship  certificate 


8  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

Section  75  Effect  of  certificate;  payments  thereon 
l(i  Revocation  of  scholarship 
n  Limitation  as  to  number  of  scholarships,  courses  of  study 

78  State  scholarships  for  soldiers,  sailors,  marines  and  trained  nurses 

79  Licenses  of  schools ;  supervision 

§  40  Corporate  name  and  objects.  The  corporation  created 
in  the  year  seventeen  hundred  and  eighty-four  under  the  name  of 
the  regents  of  the  university  of  the  state  of  New  York,  is  hereby 
continued  under  the  name  of  the  university  of  the  state  of  New 
York.  Its  object  shall  be  to  encourage  and  promote  education, 
to  visit  and  inspect  its  several  institutions  and  departments,  to  dis- 
tribute to  or  expend  or  administer  for  them  such  property  and 
funds  as  the  state  may  appropriate  therefor  or  as  the  university 
may  own  or  hold  in  trust  or  otherwise,  and  to  perform  such  other 
duties  as  may  be  intrusted  to  it.  The  said  corporation  shall  have 
power  to  take,  hold  and  administer  real  and  personal  property  and 
the  income  thereof  in  trust  for  any  educational,  scientific,  historical 
or  other  purpose  within  the  jurisdiction  of  the  regents  of  the  uni- 
versity of  the  state  of  New  York.  [Amended  by  L.  1920,  ch.  161, 
in  effect  April  10,  1920.] 

§  41  Regents.  The  LTniversity  shall  be  governed  and  all  its 
corporate  powers  exercised  by  a  Board  of  Regents  whose  members 
shall  at  all  times  be  three  more  than  the  then  existing  judicial  dis- 
tricts of  the  State.  The  Regents  now  in  office  and  those  hereafter 
elected  shall  hold,  in  the  order  of  their  election,  for  such  times  that 
the  term  of  one  Regent  will  expire  in  each  year  on  the  first  day  of 
April,  and  his  successor  shall  be  chosen  in  the  second  week  of  the 
preceding  February,  on  or  before  the  fourteenth  day  of  such  month. 
A  Regent  shall  be  elected  by  the  Legislature,  on  joint  ballot  of  the 
two  houses  thereof. 

All  vacancies  in  such  office,  either  for  full  or  unexpired  terms, 
shall  be  so  filled  that  there  shall  always  be  in  the  membership  of 
the  Board  of  Regents  at  least  one  resident  of  each  of  the  judicial 
districts.  A  vacancy  in  the  office  of  Regent  for  other  cause  than 
expiration  of  term  of  service  shall  be  filled  for  the  unexpired  term 
by  an  election  at  the  session  of  the  Legislature  immediately  follow- 
ing such  vacancy,  unless  the  Legislature  is  in  session  when  such 
vacancy  occurs,  in  which  case  the  vacancy  shall  be  filled  by  such 
Legislature.  There  shall  be  no  "  ex  officio  "  members  of  the  Board 
of  Regents.  No  person  shall  be  at  the  same  time  a  Regent  of  the 
University  and  a  trustee,  president,  principal  or  any  other  officer 
of  an  institution  belonging  to  the  University.  [Amended  by  L. 
1915,  ch.  3.] 


EDUCATION    LAW  9 

§  42  Officers.  The  elective  officers  of  the  University  shall  be 
a  Chancellor  and  a  Vice-Chancellor  who  shall  serve  without  salary, 
and  such  other  officers  as  are  deemed  necessary  by  the  Regents,  all 
of  whom  shall  be  chosen  by  ballot  by  the  Regents  and  shall  hold  office 
during  their  pleasure;  but  no  election,  removal  or  change  of  salary 
of  an  elective  officer  shall  be  made  by  less  than  six  votes  in  favor 
thereof.  Each  Regent  and  each  elective  officer  shall,  before  entering 
on  his  duties,  take  and  file  with  the  Secretary  of  State  the  oath  of 
office  required  of  state  officers. 

The  Chancellor  shall  preside  at  all  convocations  and  at  all  meetings 
of  the  Regents,  and  confer  all  degrees  which  they  shall  authorize. 
In  his  absence  or  inability  to  act,  the  Vice-Chancellor,  or  if  he  be 
also  absent,  the  senior  Regent  present,  shall  perform  all  the  duties 
and  have  all  the  powers  of  the  Chancellor. 

§  43  Meetings  and  absences.  The  Regents  may  provide  for 
regular  meetings,  and  the  Chancellor,  or  the  Commissioner  of  Educa- 
tion, or  any  five  Regents,  may  at  any  time  call  a  special  meeting  of 
the  Board  of  Regents  and  fix  the  time  and  place  therefor;  and  at 
least  ten  days'  notice  of  every  meeting  shall  be  mailed  to  the  usual 
address  of  each  Regent.  If  any  Regent  shall  fail  to  attend  three 
consecutive  meetings,  without  excuse  accepted  as  satisfactory  by 
the  Regents,  he  may  be  deemed  to  have  resigned  and  the  Regents 
shall  then  report  the  vacancy  to  the  Legislature,  which  shall  fill  it. 

§  44  Quorum.  Seven  Regents  attending  shall  be  a  quorum 
for  the  transaction  of  business. 

§  45  Authority  to  take  testimony.  The  Regents,  any  com- 
mittee thereof,  the  Commissioner  of  Education  and  any  Assistant 
Commissioner  of  Education  may  take  testimony  or  hear  proofs 
relating  to  their  official  duties,  or  in  any  matter  which  they  may 
lawfully  investigate. 

§  46  Legislative  power.  Subject  and  in  conformity  to  the 
constitution  and  laws  of  the  State,  the  Regents  shall  exercise  legis- 
lative functions  concerning  the  educational  system  of  the  State, 
determine  its  educational  policies,  and  except  as  to  the  judicial 
functions  of  the  Commissioner  of  Education  establish  rules  for 
carrying  into  effect  the  laws  and  policies  of  the  State,  relating  to 
education,  and  the  powers,  duties  and  trusts  conferred  or  charged 
upon  the  University.  But  no  enactment  of  the  Regents  shall  modify 
in  any  degree  the  freedom  of  the  governing  body  of  any  seminary 
for  the  training  of  priests  or  clergymen  to  determine  and  regulate 
the  entire  course  of  religious,  doctrinal  or  theological  instruction  to 
be  given  in  such  institution.     No  rule  by  which  more  than  a  majority 


10  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

vote  shall  be  required  for  any  specified  action  by  the  Regents  shall 
be  amended,  suspended  or  repealed  by  a  smaller  vote  than  that 
required  for  action  thereunder. 

§  47  General  examinations,  credentials  and  degrees.  The 
Regents  may  confer  by  diploma  under  their  seal  such  honorary 
degrees  as  they  may  deem  proper,  and  may  establish  examinations 
as  to  attainments  in  learning,  and  may  award  and  confer  suitable 
certificates,  diplomas  and  degrees  on  persons  who  satisfactorily  meet 
the  requirements  prescribed. 

§  48  Academic  examinations.  The  Regents  shall  establish 
in  the  secondary  institutions  of  the  University,  examinations  in 
studies  furnishing  a  suitable  standard  of  graduation  therefrom  and 
of  admission  to  colleges,  and  certificates  or  diplomas  shall  be  con- 
ferred by  the  Regents  on  students  who  satisfactorily  pass  such 
examinations. 

§  49  Admission  and  fees.  Any  person  shall  be  admitted  to 
these  examinations  who  shall  conform  to  the  rules  and  pay  the  fees 
prescribed  by  the  Regents. 

§  50  Registrations.  The  Regents  may  register  domestic  and 
foreign  institutions  in  terms  of  New  York  standards,  and  fix  the 
value  of  degrees,  diplomas  and  certificates  issued  by  institutions  of 
other  states  or  countries  and  presented  for  entrance  to  schools, 
colleges  and  the  professions  in  this  State. 

§  51  Supervision  of  professions.  Conformably  to  law  the 
Regents  may  supervise  the  entrance  regulations  to  and  the  licensing 
under  and  the  practicing  of  the  professions  of  medicine,  dentistry, 
veterinary  medicine,  pharmacy,  optometry  and  chiropody,  and  also 
supervise  the  certification  of  nurses,  public  accountants,  certified 
shorthand  reporters,  architects,  and  members  of  any  other  profession 
which  may  hereafter  come  under  the  supervision  of  the  Board  of 
Regents. 

The  Regents  may  by  rule  or  order  accept  evidence  of  preliminary 
and  professional  education  for  licensing  a  candidate  to  practise  any 
such  profession  in  lieu  of  that  prescribed  by  the  laws  relating  to  such 
profession ;  provided  it  shall  appear  to  the  satisfaction  of  the  Regents 
that  such  candidate  has  substantially  met  the  requirement  of  such 
laws. 

And  the  Regents  shall  have  further  power  to  indorse  a  license 
issued  by  a  legally  constituted  board  of  examiners  in  any  other  state 
upon  satisfactory  evidence  that  the  requirements  for  the  issuance 
of  such  license  were  substantially  the  equivalent  of  the  requirements 
in  force  in  this  State  when  such  license  was  issued,  and  that  the 


EDUCATION   LAW  11 

applicant  has  been  in  the  lawful  and  reputable  practice  of  his  pro- 
fession for  a  period  of  not  less  than  five  years  prior  to  his  making 
application  for  such  indorsement.  When  the  evidence  presented  is 
not  satisfying  sufficient' to  warrant  the  indorsement  of  such  license, 
the  Board  of  Regents  may  require  that  the  candidate  for  indorse- 
ment shall  pass  such  subjects  of  the  licensing  examination  specified 
by  statute  or  Regents'  rule  as  should  be  required  of  the  candidate 
to  establish  his  worthiness  to  receive  such  indorsement.  [Amended 
by  L,  1917,  ch.  357,  in  effect  May  4,  1917.] 

§  52  Extension  of  educational  facilities.  The  Regents  may 
extend  to  the  people  at  large  increased  educational  opportunities  and 
facihties,  stimulate  interest  therein,  recommend  methods,  designate 
suitable  teachers  and  lecturers,  conduct  examinations  and  grant 
credentials,  and  otherwise  organize,  aid  and  conduct  such  work. 
And  the  Regents,  and  with  their  approval  the  Commissioner  of 
Education,  may  buy,  sell,  exchange  and  receive  by  will,  or  other  gift, 
or  on  deposit,  books,  pictures,  statuary  or  other  sculptured  work, 
lantern  slides,  apparatus,  maps,  globes,  and  any  articles  or  collections 
pertaining  to  or  useful  in  and  to  any  of  the  departments,  divisions, 
schools,  institutions,  associations  or  other  agencies,  or  work  under 
their  supervision,  or  control,  or  encouragement,  and  may  lend  or 
deposit  any  such  articles  in  their  custody  or  control,  when  or  where 
in  their  judgment  compensating  educational  usefulness  will  result 
therefrom;  and  may  also,  from  time  to  time,  enter  into  contracts 
desirable  for  carrying  into  effect  the  foregoing  provisions. 

§  53  Departments  and  their  government.  The  State  Library 
and  State  Museum  shall  be  departments  of  the  University,  and  the 
Regents  may  establish  such  other  departments  and  divisions  therein 
as  they  shall  deem  useful  in  the  discharge  of  their  duties. 

§  54  State  Museum ;  how  constituted.  All  scientific  specimens 
and  collections,  works  of  art,  objects  of  historic  interest  and  similar 
property  appropriate  to  a  general  museum,  if  owned  by  the  State 
and  not  placed  in  other  custody  by  a  specific  law,  shall  constitute  the 
State  Museum,  and  one  of  its  officers  shall  annually  inspect  all  such 
property  not  kept  in  the  State  Museum  rooms,  and  the  annual  report 
of  the  Museum  to  the  Legislature  shall  include  summaries  of  such 
property,  with  its  location,  and  any  needed  recommendations  as  to  its 
safety  or  usefulness.  The  State  Museum  shall  include  the  work  of 
the  State  Geologist  and  Paleontologist,  the  State  Botanist  and  the 
State  Entomologist,  who,  with  their  assistants,  shall  be  included  in 
the  scientific  staff  of  the  State  Museum. 


12  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

§  55  Collections  made  by  the  staff.  Any  scientific  collection 
made  by  a  member  of  the  Museum  staff  during  his  term  of  office 
shall,  unless  otherwise  authorized  by  resolution  of  the  Regents, 
belong  to  the  State  and  form  part  of  the  State  Museum. 

§  56  Indian  collection.  There  shall  be  made,  as  the  Indian 
section  of  the  State  Museum,  as  complete  a  collection  as  practicable 
of  the  historical,  ethnographic  and  other  records  and  relics  of  the 
Indians  of  the  State  of  New  York,  including  implements  or  other 
articles  pertaining  to  their  domestic  life,  agriculture,  the  chase,  war, 
religion,  burial  and  other  rites  or  customs,  or  otherwise  connected 
with  the  Indians  of  New  York. 

§  57  Institutions  in  the  University.  The  institutions  of  the 
University  shall  include  all  secondary  and  higher  educational  institu- 
tions which  are  now  or  may  hereafter  be  incorporated  in  this  State, 
and  such  other  libraries,  museums,  institutions,  schools,  organiza- 
tions and  agencies  for  education  as  may  be  admitted  to  or  incorpo- 
rated by  the  University.  The  Regents  may  exclude  from  such 
membership  any  institution  failing  to  comply  with  law  or  with  any 
rule  of  the  University. 

§  58  Visitation  and  reports.  The  Regents,  or  the  Commis- 
sioner of  Education,  or  their  representatives,  may  visit,  examine 
into  and  inspect,  any  institution  in  the  University  and  any  school  or 
institution  under  the  educational  supervision  of  the  State,  and  may 
require,  as  often  as  desired,  duly  verified  reports  therefrom  giving 
such  information  and  in  such  form  as  the  Regents  or  the  Commis- 
sioner of  Education  shall  prescribe.  For  refusal  or  continued 
neglect  on  the  part  of  any  institution  in  the  University  to  make  any 
report  required,  or  for  violation  of  any  law  or  any  rule  of  the 
University,  the  Regents  may  suspend  the  charter  or  any  of  the  rights 
and  privileges  of  such  institution. 

§  59  Charters.  Under  such  name,  with  such  number  of 
trustees  or  other  managers,  and  with  such  powers,  privileges  and 
duties,  and  subject  to  such  limitations  and  restrictions  in  all  respects 
as  the  Regents  may  prescribe  in  conformity  to  law,  they  may,  by  an 
instrument  under  their  seal  and  recorded  in  their  office,  incorporate 
any  university,  college,  academy,  library,  museum,  or  other  institu- 
tion or  association  for  the  promotion  of  science,  literature,  art,  his- 
tory or  other  department  of  knowledge,  or  of  education  in  any  way, 
associations  of  teachers,  students,  graduates  of  educational  institu- 
tions, and  other  associations  whose  approved  purposes  are,  in  whole 
or  in  part,  of  educational  or  cultural  value  deemed  worthy  of  recog- 
nition and   encouragement  by  the  University.      No   institution  or 


EDUCATION    LAW  13 

association  which  might  be  incorporated  by  the  Regents  under  this 
chapter  shall,  without  their  consent,  be  incorporated  under  any  other 
general  law. 

§  60  Provisional  charters.  On  evidence  satisfactory  to  the 
Regents  that  the  conditions  for  an  absolute  charter  will  be  met  within 
a  prescribed  time,  they  may  grant  a  provisional  charter  which  shall 
be  replaced  by  an  absolute  charter  when  the  conditions  have  been 
fully  met;  otherwise,  after  the  specified  time,  on  notice  from  the 
Regents  to  this  eflfect,  the  provisional  charter  shall  terminate  and 
become  void  and  shall  be  surrendered  to  the  Regents.  No  such 
provisional  charter  shall  give  power  to  confer  degrees. 

§  61  Conditions  of  incorporation.  No  institution  shall  be 
given  power  to  confer  degrees  in  this  State  unless  it  shall  have 
resources  of  at  least  five  hundred  thousand  dollars ;  and  no  insti- 
tution for  higher  education  shall  be  incorporated  without  suitable 
provision,  approved  by  the  Regents,  for  educational  equipment  and 
proper  maintenance.  No  institution  shall  institute  or  have  any 
faculty  or  department  of  education  in  any  place  or  be  given  power 
to  confer  any  degree  not  specifically  authorized  by  its  charter;  and 
no  corporation  shall,  under  authority  of  any  general  act,  extend 
its  business  to  include  establishing  or  carrying  on  any  educational 
institution  or  work,  without  the  consent  of  the  Board  of  Regents. 

§  62  Change  of  name  or  charter.  1  The  Regents  may,  at  any 
time,  for  sufficient  cause  by  an  instrument  under  their  seal  and 
recorded  in  their  office,  change  the  name,  or  alter,  suspend  or  revoke 
the  charter  or  incorporation  of  any  institution  which  they  might 
incorporate  under  section  59,  if  subject  to  their  visitation  or  chartered 
or  incorporated  by  the  Regents  or  under  a  general  law ;  provided  that, 
unless  on  unanimous  request  of  the  trustees  of  the  institution,  no 
name  shall  be  changed  and  no  charter  shall  be  altered,  nor  shall  any 
rights  or  privileges  thereunder  be  suspended  or  repealed  by  the 
Regents,  till  they  have  mailed  to  the  usual  address  of  every  trustee 
of  the  institution  concerned  at  least  thirty  days'  notice  of  a  hearing 
when  any  objections  to  the  proposed  change  will  be  considered,  and 
till  ordered  by  a  vote  at  a  meeting  of  the  Regents  for  which  the 
notices  have  specified  that  action  is  to  be  taken  on  the  proposed  change. 

2  Any  notice  to  a  trustee  whose  address  is  not  readily  ascertain- 
able, may  be  mailed  to  him  in  care  of  the  institution. 

§  63  Liquidation  of  affairs  of  educational  institutions.  When- 
ever any  educational  corporation  subject  to  the  visitation  of  the 
Regents,  chartered  or  incorporated  by  the  Regents  or  under  a  general 
law,  shall  cease  to  act  in  its  corporate  capacity  or  shall  have  its 


14  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

charter  revoked  by  the  Regents,  it  shall  be  lawful  for  the  Supreme 
Court  of  this  State,  upon  the  application  of  the  majority  of  the 
trustees  thereof,  in  case  said  court  shall  deem  it  proper  so  to  do,  to 
order  and  decree  a  dissolution  of  such  educational  corporation,  and 
for  that  purpose  to  order  and  direct  a  sale  and  conveyance  of  any 
and  all  property  belonging  to  such  corporation,  and  after  providing 
for  the  ascertaining  and  payment  of  the  debts  of  such  corporation, 
and  the  necessary  costs  and  expenses  of  such  sale  and  proceedings 
for  dissolution,  so  far  as  the  proceeds  of  such  sale  shall  be  sufficient 
to  pay  the  same,  such  court  may  order  and  direct  any  surplus  of 
such  proceeds  remaining  after  payment  of  such  debts,  costs  and 
expenses,  to  be  devoted  and  applied  to  any  such  educational,  religious, 
benevolent,  charitable  or  other  objects  or  purposes  as  the  said  trustees 
may  indicate  by  their  petition  and  the  said  court  may  approve. 

Such  application  to  said  court  shall  be  made  by  petition,  duly 
verified  by  said  trustees,  which  petition  shall  state  the  particular 
reason  or  causes  why  such  sale  and  dissolution  are  sought ;  the  situa- 
tion, condition  and  estimated  value  of  the  property  of  said  corpora- 
tion, and  the  particular  object  or  purposes  to  which  it  is  proposed 
to  devote  any  surplus  of  the  proceeds  of  such  property;  and  such 
petition  shall,  in  all  cases,  be  accompanied  with  proof  that  notice  of 
the  time  and  place  of  such  intended  application  to  said  court  has 
been  duly  published  once  in  each  week  for  at  least  four  weeks  suc- 
cessively, next  preceding  such  application,  in  a  newspaper  published 
in  the  county  where  such  corporation  is  located. 

In  case  there  shall  be  no  trustees  of  such  educational  corporation 
residing  in  the  county  in  which  such  corporation  is  located,  such 
application  may  be  made  and  such  proceedings  taken  by  the  Board 
of  Regents  of  the  University  of  the  State  of  New  York.  This 
section  shall  not  apply  to  the  dissolution  of  an  academy  incorporated 
under  the  laws  of  this  State  and  having  a  capital  stock.  [Former 
§  63  repealed;  new  §  63  added  by  L.  1911,  ch.  860.] 

§  64  Dissolution  of  incorporated  academy  by  stockholders. 
1  Meeting  to  consider  application  for  dissolution,  when  to  he  called. 
The  trustees  of  any  academy  incorporated  under  the  laws  of  this 
State  and  having  a  capital  stock,  may,  and  upon  the  written  applica- 
tion of  any  person  owning  or  lawfully  holding  one-third  of  the  said 
capital  stock,  must  call  a  general  meeting  of  the  stockholders  of  the 
said  academy,  as  hereinafter  provided,  for  the  purpose  of  determining 
whether  or  not  such  incorporated  academy  shall  surrender  its  charter 
and  be  dissolved  and  its  property  distributed  among  the  stockholders 
thereof. 


EDUCATION    LAW  15 

2  Notice  thereof,  how  published.  The  notice  for  such  general 
meeting  must  state  the  object  thereof  and  be  subscribed  by  the  chair- 
man or  other  acting  presiding  officer  and  the  secretary  or  acting 
secretary  of  the  said  corporation  or  board  of  trustees;  it  shall  be 
published  once  a  week  for  three  successive  weeks  prior  to  such 
meeting  in  a  daily  or  weekly  newspaper  published  in  the  place  where 
the  said  academy  is  located ;  or  if  there  be  no  such  paper,  then  in  a 
daily  or  weekly  paper  published  within  the  county,  if  there  be  one, 
or,  if  not,  in  an  adjoining  county  to  that  in  which  such  academy  is 
located. 

3  Vote  requisite  for  surrender  of  charter  and  dissolution.  When- 
ever, at  a  meeting  of  the  stockholders  called  as  hereinbefore  pro- 
vided, any  person  or  persons  holding  or  qualified  to  vote  upon  a 
majority  of  the  capital  stock  of  such  incorporated  academy  shall 
vote  to  surrender  the  charter  thereof  and  to  dissolve  the  corporation, 
the  trustees  of  such  academy,  or  a  majority  of  them,  must  make  and 
sign  a  certificate  of  such  action,  cause  the  same  to  be  properly  attested 
by  the  officers  of  the  corporation  and  file  the  same,  together  with  a 
copy  of  the  published  notice  for  the  meeting  at  which  such  action  was 
taken,  and  due  proof  of  the  publication  thereof,  in  the  office  of  the 
Board  of  Regents  of  The  University  of  the  State  of  New  York  and 
thereupon,  if  the  said  proceedings  shall  have  been  regularly  con- 
ducted as  above  prescribed,  the  charter  of  said  corporation  shall  be 
deemed  to  be  surrendered  and  the  said  corporation  dissolved. 

4  Powers  of  trustees  of  academies  upon  dissolution.  Upon  the 
dissolution  of  such  incorporated  academy,  as  herein  provided,  the 
trustees  thereof  shall  forthwith  become  and  be  trustees  of  the  cred- 
itors and  stockholders  of  the  corporation  dissolved.  They  shall 
have  full  power  to  settle  the  afi^airs  of  the  said  corporation ;  to  collect 
and  pay  the  outstanding  debts;  to  sue  for  and  recover  debts  and 
property  thereof  by  the  name  of  the  trustees  of  such  corporation;  to 
sell  and  dispose  of  the  property  thereof,  at  public  or  private  sale,  and 
to  divide  among  the  stockholders  the  moneys  or  other  property  that 
shall  remain  after  the  payment  of  debts  and  necessary  expenses. 

5  Notice  to  creditors  to  present  claims,  hozv  published.  The  said 
trustees  may,  after  the  dissolution  of  the  said  corporation,  insert  in 
a  newspaper  published  in  the  place  where  the  said  academy  is  located, 
or  if  there  be  none  such  then  in  a  newspaper  published  within  the 
county,  if  there  be  one,  or,  if  not,  in  an  adjoining  county,  a  notice 
once  in  each  week  for  three  successive  months,  requiring  all  persons 
having  claims  against  the  said  corporation  dissolved  to  present  the 
same  with  proof  thereof  to  the  said  trustees,  at  the  place  designated 
in  such  notice,  on  or  before  a  day  therein  named  which  shall  be  not 


16  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

less  than  three  months  from  the  first  pubHcation  thereof.  In  case 
any  action  shall  be  brought  upon  any  claim  which  shall  not  have 
been  presented  to  the  said  trustees  within  three  months  from  the 
first  publication  of  such  notice,  the  said  trustees  shall  not  be  charge- 
able for  any  assets,  moneys  or  proceeds  of  the  said  corporation  dis- 
solved, which  they  may  have  paid  in  satisfaction  of  other  claims 
against  the  said  corporation,  or  in  making  distribution  to  the  stock- 
holders thereof,  before  the  commencement  of  such  action. 

6  Surrender  of  stock  scrip,  upon  distribution  to  shareholders. 
Upon  the  distribution  by  the  said  trustees  of  assets  or  property,  or 
the  proceeds  thereof,  of  the  dissolved  corporation  among  its  stock- 
holders the  said  trustees  may  require  the  certificates  of  ownership  of 
capital  stock,  if  such  have  been  issued,  standing  in  the  name  of  any 
stockholder  claiming  a  distributive  share,  or  under  whom  such  share 
is  claimed,  to  be  surrendered  for  cancellation  by  such  stockholder 
or  person  claiming  the  said  share ;  in  the  event  of  the  nonproduction 
of  any  such  certificate,  the  said  trustees  may  require  satisfactory 
proof  of  the  loss  thereof,  or  of  any  other  cause  for  such  nonproduc- 
tion, together  with  such  security  as  they  may  prescribe,  before  pay- 
ment of  the  distributive  share  to  which  the  person  claiming  upon  such 
share  of  stock  may  appear  to  be  entitled. 

7  Notice  of  distribution,  to  absent  and  unknown  shareholders. 
In  case  the  said  trustees  upon  such  distribution  by  them  of  assets 
or  property,  or  the  proceeds  thereof,  of  the  dissolved  corporation 
among  its  stockholders,  shall  be  unable  to  find  any  of  the  said 
stockholders  or  the  persons  lawfully  owning  or  entitled  to  any 
portion  of  the  said  capital  stock,  they  shall  give  notice  in  the  manner 
hereinabove  provided  for  calling  the  general  meeting  of  stockholders, 
and  such  distribution,  to  the  persons  in  whose  names  such  stock 
shall  stand  upon  the  books  of  the  said  corporation,  requiring  them 
to  appear  at  a  time  and  place  designated,  to  receive  the  portion 
of  such  assets  or  property  to  which  they  may  be  entitled ;  in  case  of 
the  failure  of  any  such  persons  to  so  appear,  it  shall  be  lawful  for 
the  said  trustees  to  pay  over  and  deliver  to  the  county  treasurer 
of  the  county  wherein  such  academy  was  located,  or  to  any  trust 
company  or  other  corporation  located  within  such  county  and 
authorized  to  receive  moneys  on  deposit  under  order  or  judgment 
of  a  court  of  record,  the  proportion  of  the  assets,  property  or  pro- 
ceeds aforesaid  which  such  nonappearing  stock  bears  to  the  whole 
stock;  the  said  trustees  shall  also  deliver  therewith  a  list  of  the 
persons  entitled  to  receive  the  same,  together  with  the  separate 
amounts  to  which  they  shall  be  severally  entitled. 


EDUCATION    LAW 


17 


8  Liability  of  trustees,  when  to  cease.  Upon  the  payment  and 
discharge  of  the  debts  and  obHgations  of  the  corporation  dissolved, 
as  hereinbefore  provided,  and  the  distribution  of  its  assets,  prop- 
erty and  proceeds  among  the  stockholders  thereof,  and  due  pro- 
vision made,  as  hereinabove  prescribed,  for  the  interests  of  non- 
appearing  stockholders  and  such,  as  can  not  be  found,  the  said 
trustees  shall  become  and  be  relieved  and  discharged  from  further 
duty,  liability  and  responsibility  by  reason  of  their  relation  to  the 
said  corporation,  or  towards  the  stockholders  thereof. 

9  Duties  and  liabilities  of  custodians.  Any  county  treasurer, 
trust  company  or  other  corporation  to  whom  assets,  property  or 
proceeds  shall  be  delivered  as  herein  provided,  shall  hold  the  same 
in  trust  for  the  persons  designated  and  entitled  to  receive  it;  and 
upon  receiving  satisfactory  proof  of  the  right  and  title  thereto,  or 
upon  the  order  of  any  court  of  record  competent  to  adjudicate 
thereupon,  shall  pay  over  and  deliver  to  any  persons  entitled  to 
receive  the  same  the  portion  of  such  proceeds,  property  or  assets 
to  which  they  shall  be  entitled. 

§  65  Suspension  of  operations.  If  any  institution  in  the 
University  shall  discontinue  its  educational  operations  without  cause 
satisfactory  to  the  Regents,  it  shall  surrender  its  charter  to  them, 
subject;  however,  to  restoration  whenever  arrangements  satisfactory 
to  the  Regents  are  made  for  resuming  its  work. 

§  66  Prohibitions.  1  No  individual,  association  or  corpora- 
tion not  holding  university  or  college  degree-conferring  powers  by 
special  charter  from  the  Legislature  of  this  State  or  from  the 
Regents,  shall  confer  any  degrees,  or  transact  business  under  or 
in  any  way  assume  the  name  university  or  college,  till  written  per- 
mission to  use  such  name  shall  have  been  granted  by  the  Regents 
under  their  seal. 

2  No  person  shall  buy,  sell  or  fraudulently  or  illegally  make  or 
alter,  give,  issue  or  obtain  any  diploma,  certificate  or  other  instru- 
ment purporting  to  confer  any  literary,  scientific,  professional  or 
other  degree,  or  to  constitute  any  license,  or  to  certify  to  the  com- 
pletion in  whole  or  in  part  of  any  course  of  study  in  any  university, 
college,  academy,  or  other  educational  institution. 

3  No  diploma  or  degree  shall  be  conferred  in  this  State  except 
by  a  regularly  organized  institution  of  learning  meeting  all  require- 
ments of  law  and  of  the  University,  nor  shall  any  person  with 
intent  to  deceive,  falsely  represent  himself  to  have  received  any 
such  degree  or  credential,  nor  shall  any  person  append  to  his  name 
any  letters  in  the  same  form  registered  by  the  Regents  as  entitled 


18  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

to  the  protection  accorded  to  university  degrees,  unless  he  shall 
have  received  from  a  duly  authorized  institution  the  degree  or 
certificate  for  which  the  letters  are  registered.  Counterfeiting  or 
falsely  or  without  authority  making  or  altering  in  a  material  respect 
any  such  credential  issued  under  seal  shall  be  a  felony;  any  other 
violation  of  this  section  shall  be  a  misdemeanor;  and  any  person 
who  aids  or  abets  another,  or  advertises  or  offers  himself  to  violate 
the  provisions  of  this  section,  shall  be  Hable  to  the  same  penalties. 

§  67  Unlawful  acts  in  respect  to  examinations  and  credentials. 

A  person  who  shall 

1  Personate  or  attempt  or  offer  to  personate  another  person  in 
taking,  or  attempting  or  offering  to  take  a  nexamination  held  in 
accordance  with  this  chapter  or  with  the  rules  of  the  University;  or 

2  Take,  or  attempt  or  offer  to  take,  such  an  examination  in  the 
name  of  any  other  person;  or 

3  Procure  any  other  person  to  falsely  personate  him  or  to  take, 
or  attempt  or  offer  to  take,  any  such  examination  in  his  name;  or 

4  Have  in  his  possession  question  papers  to  be  used  in  any  such 
examination,  when  not  contained  in  their  sealed  wrappers,  or  copies 
of  such  papers  or  questions,  at  any  time  prior  to  the  date  set  for 
such  examination,  unless  duly  authorized  by  the  Regents  or  the 
Commissioner  of  Education;  or 

5  Sell  or  offer  to  sell  question  papers  or  any  questions  prepared 
for  use  in  any  examination  held  in  accordance  with  this  chapter  or 
with  the  rules  of  the  University ;  or 

6  Use  in  any  such  examination  any  question  papers  or  ques- 
tions, or  secure  or  prepare  the  answers  to  such  questions  prior  to 
the  time  set  for  the  examination ;  or 

7  Transmit  to  the  State  Education  Department  answers  to  ques- 
tions used  in  any  such  examination  which  are  prepared  or  written 
outside  of  the  period  of  examination,  or  alter  any  such  answers 
after  such  period  is  closed;  or 

8  Secure  or  attempt  to  secure  any  credential  regularly  issued  by 
the  University,  which  is  based  upon  such  examination  or  based 
upon  a  course  or  courses  of  study  in  any  institution  of  learning  or 
educational  institution  approved  by  the  University,  which  he  has 
not  actually  passed  or  completed;  or  [Subdivision  8,  added  by 
L.  1921,  ch.  178,  in  effect  April  9,  1921.] 

9  Otherwise  secure  or  attempt  to  secure  the  record  of  having 
passed  such  examination  or  of  having  been  issued  or  of  having 
been  given  credit  toward  such  credential  in  violation  of  the  Uni- 
versity  rules;    is   guilty   of    a   misdemeanor    and    upon   conviction 


EDUCATION    LAW  19 

thereof  shall  be  punished  for  a  first  offense  by  a  fine  of  not  less 
than  fifty  dollars  or  imprisonment  for  not  less  than  thirty  days, 
or  by  both  such  fine  and  imprisonment,  and  for  a  second  offense 
by  a  fine  of  not  less  than  two  hundred  and  fifty  dollars,  or  imprison- 
ment for  not  less  than  six  months  or  by  both  such  fine  and  impris- 
onment. [Subdivision  9,  formerly  subdivision  8,  renumbered  and 
amended  by  L.  1921,  ch.  178,  in  effect  April  9,  1921.] 

§  68  Powers  of  trustees  of  institutions.  The  trustees  of  every 
corporation  created  by  the  Regents,  unless  otherwise  provided  by 
law  or  by  its  charter,  may: 

1  Number  and  quorum.  Fix  the  term  of  office  and  number  of 
trustees,  which  shall  not  exceed  twenty-five,  nor  be  less  than  five. 
If  any  institution  has  more  than  five  trustees,  the  body  that  elects, 
by  a  two-thirds  vote  after  notice  of  the  proposed  action  in  the  call 
for  a  meeting,  may  reduce  the  number  to  not  less  than  five  by 
abolishing  the  office  of  any  trustee  which  is  vacant  and  filing  in 
the  Regents'  office  a  certified  copy  of  the  action.  A  majority  of 
the  whole  number  shall  be  a  quorum. 

2  Executive  committee.  Elect  an  executive  committee  of  not  less 
than  five,  who,  in  intervals  between  meetings  of  the  trustees,  may 
transact  such  business  of  the  corporation  as  the  trustees  may 
authorize,  except  to  grant  degrees  or  to  make  removals  from  office. 

3  Meetings  and  seniority.  Meet  on  their  own  adjournment  or 
when  required  by  their  by-laws,  and  as  often  as  they  shall  be  sum- 
moned by  their  chairman,  or  in  his  absence  by  the  senior  trustee, 
on  written  request  of  three  trustees.  Seniority  shall  be  according 
to  the  order  in  which  the  trustees  are  named  in  the  charter  or  sub- 
sequently elected.  Notice  of  the  time  and  place  of  every  meeting 
shall  be  mailed  not  less  than  five  nor  more  than  ten  days  before 
the  meeting  to  the  usual  address  of  every  trustee. 

4  Vacancies  and  elections;  removals  by  board  of  regents.  Fill 
any  vacancy  occurring  in  the  office  of  any  trustee  by  electing  another 
for  the  unexpired  term.  The  office  of  any  trustee  shall  become 
vacant  on  his  death,  resignation,  refusal  to  act,  removal  from  office, 
expiration  of  his  term,  or  any  other  cause  specified  in  the  charter. 
If  any  trustee  shall  fail  to  attend  three  consecutive  meetings  with- 
out excuse  accepted  as  satisfactory  by  the  trustees,  he  shall  be 
deemed  to  have  resigned,  and  the  vacancy  shall  be  filled.  Any 
vacancy  in  the  office  of  trustee  continuing  for  more  than  one  year, 
or  any  vacancy  reducing  the  number  of  trustees  to  less  than  two- 
thirds  of  the  full  number  may  be  filled  by  the  regents.  The  regents 
may  remove  any  trustee  of  a  corporation  created  by  them  for  mis- 


20  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

conduct,  incapacity,  neglect  of  duty,  or  where  it  appears  to  the 
satisfaction  of  the  regents  that  the  corporation  has  failed  or  refuses 
to  carry  into  effect  its  educational  purposes.  A  hearing  in  the  pro- 
ceeding for  the  removal  of  such  trustees  shall  be  had  before  the 
board  of  regents  or  a  committee  thereof  and  the  trustees  shall  be 
given  at  least  ten  days'  notice  of  the  time  and  place  of  such  hearing. 
In  case  of  removal  the  regents  may  appoint  successors  to  the  trus- 
tees so  removed.  The  provisions  of  this  section  as  to  removal  and 
filling  of  vacancies  in  trustees  shall  not  apply  to  corporations  now 
or  hereafter  established  and  maintained  by  a  religious  denomination^ 
order  or  sect.  No  person  shall  be  ineligible  as  a  trustee  by  reason 
of  sex.  [Subdivision  4  amended  by  L.  1920,  ch.  745,  in  effect 
May  12,  1920.] 

5  Property  holding.  Take  and  hold  by  gift,  grant,  devise  or 
bequest  in  their  own  right  or  in  trust  for  any  purpose  comprised 
in  the  objects  of  the  corporation,  such  additional  real  and  personal 
property,  beyond  such  as  shall  be  authorized  by  their  charter  or 
by  special  or  general  statute,  as  the  Regents  shall  authorize  within 
one  year  after  the  delivery  of  the  instrument  or  probate  of  the 
will,  giving,  granting,  devising  or  bequeathing  such  property,  and 
such  authority  given  by  the  Regents  shall  make  any  such  gift,  grant, 
devise  or  bequest  operative  and  valid  in  law.  Any  grant,  devise 
or  bequest  shall  be  equally  valid  whether  made  in  the  corporate 
name  or  to  the  trustees  of  a  corporation,  and  powers  given  to  the 
trustees  shall  be  powers  of  the  corporation. 

6  Control  of  property.  Buy,  sell,  mortgage,  let  and  otherwise 
use  and  dispose  of  its  property  as  they  shall  deem  for  the  best 
interests  of  the  institution;  and  also  to  lend  or  deposit,  or  to  receive 
as  a  gift,  or  to  loan  or  deposit,  literary,  scientific  or  other  articles, 
collections,  or  property  pertaining  to  their  work;  and  such  gifts, 
loans  or  deposits  may  be  made  to  or  with  the  University  or  any  of 
its  institutions  by  any  person,  or  by  legal  vote  of  any  board  of 
trustees,  corporation,  association  or  school  district,  and  any  such 
transfer  of  property,  if  approved  by  the  Regents,  shall  during  its 
continuance,  transfer  responsibility  therefor  to  the  institution 
receiving  it,  which  shall  also  be  entitled  to  receive  any  money,  books 
or  other  property  from  the  State  or  other  sources  to  which  said 
corporation,  association  or  district  would  have  been  entitled  but  for 
such  transfer. 

7  Officers  and  employees.  Appoint  and  fix  the  salaries  of  such 
officers  and  employees  as  they  shall  deem  necessary  who,  unless 
employed  under  special  contract,  shall  hold  their  offices  during  the 


EDUCATION    LAW  21 

pleasure  of  the  trustees;  but  no  trustee  shall  receive  compensation 
as  such.  The  president  or  chief  executive  officer  of  an  association 
library  corporation  shall  be  elected  by  the  trustees  from  their  own 
number  and  shall  be  the  chairman  of  the  board.  [Subdivision  7 
amended  by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

8  Removals  and  suspensions.  Remove  or  suspend  from  office  by 
vote  of  a  majority  of  the  entire  board  any  trustee,  officer  or  employee 
engaged  under  special  contract,  on  examination  and  due  proof  of 
the  truth  of  a  written  complaint  by  any  trustee,  of  misconduct, 
incapacity  or  neglect  of  duty;  provided,  that  at  least  one  week's 
previous  notice  of  the  proposed  action  shall  have  been  given  to  the 
accused  and  to  each  trustee. 

9  Degrees  and  credentials.  Grant  such  degrees  and  honors  as 
are  specifically  authorized  by  their  charter,  and  in  testimony  thereof 
give  suitable  certificates  and  diplomas  under  their  seal;  and  every 
certificate  and  diploma  so  granted  shall  entitle  the  conferee  to  all 
privileges  and  immunities  which  by  usage  or  statute  are  allowed  for 
similar  diplomas  of  corresponding  grade  granted  by  any  institution 
of  learning. 

10  Rules.  Make  all  by-laws  and  rules  necessary  and  proper  for 
the  purposes  of  the  institution  and  not  inconsistent  with  law  or  any 
rule  of  the  University;  but  no  rule  by  which  more  than  a  majority 
vote  shall  be  required  for  any  specified  action  by  the  trustees  shall 
be  amended,  suspended  or  repealed  by  a  smaller  vote  than  that 
required  for  action  thereunder. 

§  69  Colleges  may  construct  water-works  and  sewer  systems. 
1  Every  incorporated  college  in  this  State  is  duly  authorized  and 
empowered  to  construct  and  maintain  a  system  of  water-works  for 
the  purpose  of  supplying  its  college  buildings  and  premises  with 
pure  and  wholesome  water  for  domestic,  sanitary  and  fire  purposes, 
and  for  the  preservation  of  the  health  of  its  students,  faculty  and 
employees,  and  for  the  preservation  of  the  public  health  of  the 
town,  village  or  city  in  or  near  which  such  college  is  located,  and 
the  construction  and  maintenance  of  such  water-works  is  declared 
to  be  a  public  use.  Such  water-works,  as  often  as  necessary,  may 
be  enlarged  or  improved.  Every  such  incorporated  college  owning 
its  water- works  system  and  having  an  adequate  supply  of  water 
therefrom,  may  furnish  water  to  persons  other  than  students,  faculty 
and  employees  of  such  college  at  and  for  a  just  and  adequate  com- 
pensation, providing  that  they  reside  within  a  sewer  district  now 
created  in  which  the  premises  of  the  said  college  or  any  part  thereof 
are  embraced,  and  provided  no  municipal  or  private  public  service 


22  THE   UNIVERSITY   OF  THE   STATE   OF    NEW    YORK 

corporation  operates  or  maintains  a  system  of  water- works  therein 
capable  of  supplying  water  to  such  inhabitants.  Whenever  any 
such  college  shall  .extend  its  mains  along  any  streets,  avenues  or 
highways  for  the  purpose  of  supplying  water  to  such  inhabitants, 
it  shall  not  lose  its  exemption  from  taxation  by  reason  thereof,  and 
shall  not  be  deemed  to  be  exercising  a  public  or  corporate  franchise 
within  the  meaning  of  the  tax  law.  [Subdivision  1  amended  by  L. 
1913,  ch.  422.] 

2  Any  such  college  shall  have  the  right  to  acquire  real  estate, 
or  any  interest  therein,  necessary  or  proper  for  such  water-works, 
and  the  right  to  lay,  relay,  repair  and  maintain  conduit  and  water 
pipes,  with  connections  and  fixtures,  on,  through,  and  over  the  lands 
of  others ;  the  right  to  intercept  and  divert  the  flow  of  waters  from 
the  lands  of  riparian  owners,  and  from  persons  owning  and 
interested  in  any  waters;  and  the  right  to  prevent  the  flow  or 
drainage  of  noxious,  or  impure,  or  unwholesome  matter  from  the 
lands  of  others  into  its  reservoirs,  or  sources  of  supply.  But  no 
such  college  shall  ever  have  power  to  take  or  use  water  from  any 
of  the  lands  of  this  State,  or  any  land,  reservoir,  or  feeders,  or 
any  streams  which  have  been  taken  by  the  State  for  the  purpose 
of  supplying  the  canals  with  water.  The  consent  of  an  incor- 
porated village  or  city  must  be  obtained  to  lay  any  such  pipes  in 
or  through  its  streets,  and  such  consent  may  be  accompanied  by 
such  reasonable  conditions  or  restrictions  as  are  proper. 

3  Such  college  may  cause  such  examinations  and  surveys  for  its 
proposed  water-works  to  be  made  as  may  be  necessary  to  determine 
the  proper  location  thereof,  and  for  such  purpose,  by  its  officers, 
agents  and  servants,  may  enter  upon  any  lands  or  waters  in  the 
vicinity  for  the  purpose  of  making  such  examinations  and  surveys, 
subject  to  liability  for  all  damage  done.  When  surveys  or  exam- 
inations are  made  or  concluded,  a  map  shall  be  made  of  the  lands 
or  interests  to  be  taken  or  entered  upon,  and  on  which  the  land 
or  interest  of  each  owner  or  occupant  shall  be  designated,  and  all 
streets  and  roads  in  which  it  is  proposed  to  lay  conduit  pipes,  with 
the  proposed  line  thereof,  which  map  shall  be  dated  and  signed  by 
the  engineer  making  the  same;  and  said  map  shall  be  filed  and  kept 
in  the  college  library  for  examination  and  reference,  and  a  duplicate 
thereof  shall  be  filed  in  the  clerk's  office  in  each  county  wherein  any 
of  such  lands  or  interests  proposed  to  be  taken  are  located.  Such 
examinations  and  surveys  may  be  ordered  and  directed  by  the  presi- 
dent or  board  of  trustees  of  such  college.    A  majority  of  the  trus- 


EDUCATION    LAW  23 

tees  shall  determine  upon  the  construction  of  such  water-works  and 
the  plans  thereof,  and  order  contracts  therefor  to  be  made  by  such 
officers  of  the  college  as  may  be  designated. 

4  If  any  such  college  shall  be  unable  to  agree  upon  such  terms 
of  purchase  of  any  such  property,  right  or  easements,  before  or 
after  plans  shall  be  determined  upon,  it  may,  after  such  plans  have 
been  adopted,  acquire  the  same  by  condemnation,  according  to  the 
provisions  of  the  condemnation  law. 

5  When  any  such  college  has  constructed  and  completed  water- 
works, as  above  provided,  it  may,  by  a  majority  of  its  trustees,  deter- 
mine upon  and  construct  a  sewer  system;  it  may  connect  the  same 
with  the  sewer  system  of  the  village  or  city  in  or  near  which  said 
college  is  situated,  if  such  connection  is  practicable.  Examination, 
surveys  and  a  map  may  be  made  as  above  provided.  Lands  and 
easements  may  be  acquired  by  purchase,  as  above  provided,  and  in 
case  such  acquisition  can  not  be  made  by  purchase  then  they  may 
be  acquired  by  condemnation,  according  to  the  provisions  of  the 
condemnation  law. 

§  70  State  scholarships  established.  1  State  scholarships  are 
hereby  established  in  the  several  counties  of  the  State,  to  be  main- 
tained by  the  State  and  awarded  as  provided  by  this  act. 

2  Five  such  scholarships  shall  be  awarded  each  county  annually 
for  each  assembly  district  therein. 

3  Each  such  scholarship  shall  entitle  the  holder  thereof  to  the 
sum  of  one  hundred  dollars  for  each  year  which  he  is  in  attendance 
upon  an  approved  college  in  this  State  during  a  period  of  four 
years,  to  be  paid  to  or  for  the  benefit  of  such  holder  as  hereinafter 
provided,  and  out  of  a  fund  which  is  hereinafter  created.  [Added 
by  L.  1913,  ch.  292.] 

§  71  Scholarship  fund  of  The  University  of  the  State  of  New 
York.  1  The  scholarship  fund  of  The  University  of  the  State 
of  New  York  is  hereby  created.     Such  fund  shall  consist: 

(a)  Of  all  money  appropriated  therefor  by  the  Legislature; 

(b)  Of  all  money  and  property  hereafter  received  by  the  State, 
the  Regents  of  the  University  or  the  Commisioner  of   Education 

'  by  gift,  grant,  devise  or  bequest  for  the  purpose  of  providing  funds 
for  the  payment  of  such  scholarships  and  of  all  income  or  revenue 
derived  from  any  trust  created  for  such  purpose. 

2  Such  fund  shall  be  kept  separate  and  distinct  from  the  other 
State  funds  by  the  State  Treasurer,  and  payment  shall  be  made 
therefrom  to  the  persons  entitled  thereto  in  the  same  manner  as 
from  other  state  funds,  except  as  otherwise  provided  by  this  act. 


24  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

3  Whenever  any  such  gift,  grant,  devise  or  bequest  shall  have 
been  made  or  any  trust  shall  have  been  created  for  the  purpose  of 
providing  funds  for  such  scholarships,  the  incomes  or  revenues 
derived  therefrom  shall  be  applied  in  maintaining  scholarships  in 
addition  to  those  to  be  maintained  by  appropriations  made  by  the 
State  Legislature,  as  provided  herein,  and  no  part  of  such  income 
or  revenue  shall  be  applied  for  the  maintenance  of  state  scholar- 
ships hereinbefore  established  for  each  county.  Such  additional 
scholarships  shall  be  equitably  apportioned  by  the  Commissioner 
of  Education  among  the  several  counties,  unless  it  be  provided  in 
the  will,  deed  or  other  instrument  making  such  gift,  grant,  devise 
or  bequest,  or  creating  such  trust,  that  the  incomes  or  revenues 
derived  therefrom  be  applied  to  the  establishment  and  maintenance 
of  additional  scholarships  in  a  specified  county.  [Added  by  L.  1913, 
cK  292.] 

§  72  Regents  to  make  rules.  The  Regents  shall  make  rules 
governing  the  award  of  such  scholarships,  the  issuance  and  cancella- 
tion of  certificates  entitling  persons  to  the  benefits  thereof,  the  use 
of  such  scholarships,  by  the  persons  entitled  thereto,  and  the  rights 
and  duties  of  such  state  scholars,  and  the  colleges  which  they  attend, 
in  respect  to  such  scholarships,  and  providing  generally  for  carrying 
into  effect  the  provisions  of  this  act.  Such  rules  shall  be  in  con- 
formity with  this  act  and  shall  have  the  force  and  effect  of  a  statute. 
[Added  by  L.  1913,  ch.-292.] 

§  73  List  of  candidates,  award  of  scholarships. 

1  The  Commissioner  of  Education  shall  cause  to  be  prepared  for 
each  county  of  the  state,  annually,  during  the  month  of  August,  from 
the  records  of  the  education  department,  a  list  of  the  names  of  all 
pupils  residing  therein  who  are  citizens  and  became  entitled  to  college 
entrance  diplomas  under  regents'  rules,  during  the  preceding  school 
year.  Such  list  shall  also  show  the  average  standing  of  the  pupils 
in  the  several  subjects  on  which  each  of  such  diplomas  was  issued. 
[Amended  by  L.  1920,  ch.  502,  in  effect  May  4,  1920.] 

2  The  Commissioner  of  Education  shall  also  cause  the  names  of 
all  pupils  on  the  foregoing  lists  of  the  several  counties,  who  are  not 
appointed  to  scholarships  in  the  county  of  their  residence,  to  be 
arranged  upon  a  state  list  in  the  order  of  their  merit,  as  shown  by 
their  average  standings  on  the  several  county  lists,  from  which 
unclaimed  vacant  scholarships  shall  be  filled  as  hereinafter  provided. 

3  The  scholarships  to  which  each  county  is  entitled  shall  be 
awarded  by  the  Commissioner  of  Education  annually  in  the  month 


EDUCATION    LAW  25 

of  August  to  those  pupils  residing  therein  who  are  citizens  and 
became  entitled  to  college  entrance  diplomas,  under  regents'  rules, 
during  the  preceding  school  year  and  in  the  order  of  their  merit 
as  shown  by  the  list  prepared  as  provided  in  subdivision  one  of  this 
section.      [Amended  by  L.  1920,  ch.  502,  in  effect  May  4,  1920.] 

4  In  case  a  pupil  who  is  entitled  to  a  scholarship  shall  fail  to 
apply  for  such  scholarship  within  thirty  days  after  being  notified 
that  he  is  entitled  thereto  or  shall  fail  to  comply  with  the  rules  of 
the  Regents  as  to  such  scholarships  and  the  same  shall  have  been 
revoked  or  canceled  on  account  thereof,  or,  if  for  any  other  reason 
such  scholarship  shall  become  vacant,  then  the  pupil  standing  next 
highest  to  those  pupils  on  such  list  for  such  county  who  have  received 
scholarships,  shall  be  entitled  to  receive  appointment  to  such  vacant 
scholarship.  A  pupil  entitled  to  a  college  entrance  diploma  under 
Regents  rules  who  failed  to  apply  therefor  within  the  time  required 
by  such  rules  to  entitle  him  to  a  scholarship,  and  a  pupil  whose  name 
would  have  been  included  in  the  list  of  names  of  candidates  to  be 
considered  in  the  award  of  scholarships  as  provided  herein  except 
for  errors  or  inadvertencies  in  the  preparation  of  such  list  may  apply 
to  the  Regents  of  the  University  for  a  scholarship  and  if  it  shall 
appear  to  the  satisfaction  of  the  said  Regents  that  there  was  reason- 
able cause  for  the  failure  of  such  pupil  to  apply  for  such  college 
entrance  diploma  as  required  by  Regents  rules,  or  that  an  error  or 
inadvertency  occurred  in  the  preparation  of  the  list  of  candidates  for 
such  scholarships  and  it  shall  appear  that  except  for  such  failure, 
error  or  inadvertency  the  applicant  would  have  received  a  scholar- 
ship, the  Regents  may  award  a  scholarship  to  such  pupil  and  such 
scholarship  shall  be  issued  and  payments  shall  be  made  thereon  out 
of  moneys  available  therefor  in  the  same  manner  as  other  scholar- 
ships are  issued  and  paid.  [Amended  by  L.  1918,  ch.  257,  in  effect 
April  17,  1918.] 

5  In  case  a  scholarship  belonging  to  a  county  shall  not  be  claimed 
by  a  resident  of  such  county  or  if  there  be  no  resident  of  the  county 
entitled  to  appointment  to  the  vacant  scholarship  in  such  county,  the 
Commissioner  of  Education  shall  fill  such  vacancy  by  appointing 
from  the  state  list  Ihe  person  entitled  to  such  vacancy  as  provided 
in  subdivision  2  of  this  section. 

6  The  Commissioner  of  Education  shall  cause  such  person  entitled 
to  receive  appointment  to  a  scholarship  to  be  notified  of  his  rights 
thereto  and  of  his  forfeiture  of  such  rights  by  failure  to  make  the 
application  for  such  scholarship  required  under  section  74  of  this  act. 

[Added  by  L.  1913,  ch.  292.] 


26  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

§  74  Issuance  of  scholarship  certificate.  Upon  the  application 
of  a  pupil  duly  notified  of  his  right  to  a  scholarship,  the  Commis- 
sioner of  Education  shall  issue  to  such  pupil  a  scholarship  certificate. 
Such  application  and  such  certificate  shall  be  in  the  form  prescribed 
by  the  Commissioner  of  Education  and  such  certificate  shall  specify 
the  college  for  which  it  is  valid.  Said  Commissioner  may  also  require 
such  additional  statements  and  information  to  accompany  such 
application  as  he  may  deem  necessary.      [Added  by  L.  1913,  ch.  292.] 

§  75  Effect  of  certificate;  payments  thereon.  The  certificate 
issued  as  provided  in  the  preceding  section  shall  entitle  the  person 
named  therein  to  receive  the  sum  of  one  hundred  dollars  each  year 
for  a  period  of  four  years  to  aid  such  person  in  the  completion  of  a 
college  education.  Such  sum  shall  be  paid  by  the  State  Treasurer 
in  two  equal  payments,  one  on  October  first  and  the  other  on  March 
first  out  of  the  scholarship  fund  of  The  University  of  the  State  of 
New  York,  upon  the  warrant  of  the  Comptroller  issued  with  the 
approval  of  the  Commissioner  of  Education.  Such  approval  shall 
be  given  upon  vouchers  or  other  evidence  showing  that  the  person 
named  therein  is  entitled  to  receive  the  sum  specified,  either  directly 
or  for  his  or  her  benefit.  The  rules  of  the  Regents  may  prescribe 
conditions  under  which  payments  may  be  made  direct  to  the  college 
attended  by  the  person  named  in  such  certificate,  in  behalf  of  and  for 
the  benefit  of  such  person.  [Added  by  L.  1913,  ch.  292,  and  amended 
by  L.  1913,  ch.  437.] 

§  76  Revocation  of  scholarship.  If  a  person  holding  a  state 
scholarship  shall  fail  to  comply  with  the  rules  of  the  Regents  in 
respect  to  the  use  of  such  scholarship,  or  shall  fail  to  observe  the 
rules,  regulations  or  conditions  prescribed  or  imposed  by  such  college 
on  students  therein,  or  shall  for  any  reason  be  expelled  or  suspended 
from  such  college,  or  shall  absent  himself  therefrom  without  leave, 
the  Commissioner  of  Education  may,  upon  evidence  of  such  fact 
deemed  by  him  sufiicient,  make  an  order  under  the  seal  of  the  Educa- 
tion Department  revoking  such  scholarship  and  thereupon  such 
scholarship  shall  become  vacant  and  the  person  holding  such  scholar- 
ship shall  not  thereafter  be  entitled  to  further  payment  or  benefits 
under  the  provisions  of  this  act  and  the  vacancy  caused  thereby  shall 
be  filled  as  provided  in  section  73  of  this  act.  [Added  by  L.  1913, 
ch.  292.] 

§  77  Limitation  as  to  number  of  scholarships;  courses  of 
study.  At  no  time  shall  there  be  more  than  twenty  scholarships 
established  and  maintained  for  each  assembly  district  and  at  no  time 
shall  there  be  more  than  three  thousand  such  scholarships  so  estab- 


EDUCATION    LAW  27 

lished  and  maintained  for  the  entire  State  not  including  scholarships 
maintained  from  the  revenues  or  income  of  trust  funds,  or  gifts, 
devises  or  bequests  created  or  made  as  provided  in  this  act  for  the 
maintenance  of  such  scholarships.  A  person  entitled  to  such  scholar- 
ship shall  not  be  restricted  as  to  the  choice  of  the  college  which  he 
desires  to  attend,  or  the  course  of  study  which  he  proposes  to  pursue ; 
provided  that  no  such  scholarship  shall  include  professional  instruc- 
tion in  law,  medicine,  dentistry,  veterinary  medicine  or  theology, 
except  so  far  as  such  instruction  is  within  a  regularly  prescribed 
course  of  study  leading  to  a  degree  other  than  in  the  above-named 
professions;  and  provided  further,  that  the  college  selected  by  the 
person  entitled  to  such  scholarship  is  situated  within  the  State  of 
New  York,  and  is  incorporated  as  a  college  and  authorized  under 
the  laws  of  this  State  and  the  rules  of  the  Regents  of  the  University 
to  confer  degrees.      [Added  by  L.  1913,  ch.  292.] 

§  78  State  scholarships  for  soldiers,  sailors,  marines  and 
trained  nurses.  Four  hundred  and  fifty  state  scholarships  are 
hereby  established  for  the  benefit  of  resident  soldiers,  sailors  and 
marines  who  shall  have  served  as  such  in  the  army,  navy  or  marine 
corps  of  the  United  States  in  the  world  war  and  been  honorably 
discharged  from  such  service,  and  trained  nurses  with  a  similar 
record  of  service,  and  who  shall  have  or  acquire  the  necessary  quali- 
fications as  to  secondary  or  other  preparatory  education  to  be  required 
by  the  Commissioner  of  Education  under  rules  and  regulations  to  be 
established  by  him  as  hereinafter  provided.  Each  of  such  scholar- 
ships shall  entitle  the  holder  thereof  to  his  tuition,  in  a  sum  not 
exceeding  one  hundred  dollars  per  year,  in  any  college,  university, 
normal,  technical  or  trade  school  of  his  selection,  located  within  the 
state,  such  tuition  to  be  paid  by  the  state  together  with  an  additional 
sum  of  one  hundred  dollars  per  year  for  the  maintenance  of  the 
holder  of  each  such  scholarships  while  in  attendance  upon  instruction 
under  such  scholarship,  provided  however  that  no  such  annual  pay- 
ment shall  be  made  to  the  same  individual  for  a  period  longer  than 
three  years.  In  addition  to  the  one  hundred  and  fifty  such  scholar- 
ships heretofore  allotted  there  shall  be  allotted  during  the  fiscal  year 
beginning  July  first,  nineteen  hundred  and  twenty,  one  hundred  and 
fifty  of  such  scholarships  and  during  the  fiscal  year  beginning  July 
first,  nineteen  hundred  and  twenty-one,  one  hundred  and  fifty  such 
scholarships.  The  Commissioner  of  Education  shall  award  such 
scholarships  and  for  that  purpose  shall  establish  rules  and  regula- 
tions for  ascertaining  the  educational  qualifications  of  persons  who 
may  be  entitled  to  the  benefits  of  this  section.      The  commissioner 


28  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

shall  hold  competitive  examinations  at  least  once  a  year  and  shall 
select  the  students  to  be  certified  for  scholarships  from  each  assembly 
district.  The  Commissioner  of  Education  shall  give  thirty  days' 
notice  to  each  member  of  assembly  of  the  date  and  place  of  the 
examination  v^hich  is  held  in  the  district  of  such  assemblyman  or 
in  the  county  in  which  the  assembly  district  of  such  assemblyman  is 
located.  A  list  of  the  names  and  addresses  of  the  persons  appointed 
to  scholarships  for  each  assembly  district  shall  be  forwarded  to  the 
assemblyman  of  such  district  by  the  Commissioner  of  Education 
within  ten  days  after  such  appointments  are  made.  Not  more  than 
three  appointments  shall  be  made  from  any  assembly  district.  In 
awarding  the  scholarships  the  Commissioner  shall  first  select  those 
who  meet  the  requirements  for  admission  to  college.  If  the  full 
quota  of  scholarships  is  not  filled  by  appointments  from  this  class, 
the  remaining  number  of  scholarships  shall  be  filled  by  appointment 
of  persons  who  desire  to  take  preparatory  courses.  The  tuition  and 
maintenance  of  the  person  holding  the  scholarship  while  pursuing 
the  studies  in  such  preparatory  courses  shall  be  paid  as  hereinbefore 
provided.  Application  for  such  scholarships  shall  be  made  on  or 
before  September  first,  nineteen  hundred  and  twenty-three.  Any 
such  scholarship  may  be  revoked  by  the  Commissioner  of  Education 
for  cause.  The  preceding  sections  of  this  article  shall  not  apply  to 
scholarships  provided  for  in  this  section,  but  such  scholarships  shall 
be  deemed  to  be  in  addition  to  the  state  scholarships  provided  for  in 
this  article.  The  authorities  in  control  of  an  institution  to  which  a 
person  is  admitted  for  instruction  under  this  section  shall  cause  the 
certificate  of  appointment  of  such  person  as  a  holder  of  such  scholar- 
ship to  be  filed  with  the  comptroller,  and  moneys  appropriated  for 
carrying  out  the  provisions  of  this  section  shall  be  paid  by  the  state 
comptroller  upon  the  certificate  of  the  Commissioner  of  Education 
accompanied  by  vouchers  signed  by  the  authorities  in  control  of  the 
institution  to  which  the  money  is  to  be  paid.  [Added  by  L.  1919, 
ch.  606,  and  amended  by  L.  1920,  ch.  893,  in  effect  May  21,  1920. 
The  sum  of  $60,000  was  appropriated  by  the  legislature  to  carry  out 
the  provisions  of  this  section.] 

§  79  Licenses  of  schools;  supervision.  1  No  person,  firm, 
corporation,  association  or  society  shall  conduct,  maintain  or  operate 
any  school,  institute,  class  or  course  of  instruction  in  any  subjects 
whatever  without  making  application  for  and  being  granted  a  license 
from  The  University  of  the  State  of  New  York  to  so  conduct,  main- 
tain or  operate  such  institute,  school,  class  or  course.  Such  applica- 
tion shall  be  made  in  the  form  and  under  the  rules  prescribed  by  the 


EDUCATION    LAW  29 

Regents  of  the  University  of  the  State.  The  appHcation  for  such 
license  shall  be  accompanied  with  a  verified  statement  showing  the 
purposes  for  which  the  school,  institute,  class  or  course  is  to  be 
maintained  and  conducted,  and  the  nature  and  extent  and  purpose 
of  the  instruction  to  be  given.  No  license  shall  be  granted  for  the 
conduct  of  any  such  school,  institute,  class  or  course  by  the  Regents 
of  the  University  of  the  State  where  it  shall  appear  that  the  instruc- 
tion proposed  to  be  given  includes  the  teaching  of  the  doctrine  that 
organized  governments  shall  be  overthrown  by  force,  violence  or 
unlawful  means,  or  where  it  shall  appear  that  such  school,  institute, 
class  or  course  is  to  be  conducted  in  a  fraudulent  manner. 

Licenses  shall  not  be  required  for  the  public  schools  of  the  city, 
union  free  and  common  school  districts  of  the  State  nor  for  educa- 
tional institutions  which  are  now  or  may  hereafter  be  incorporated 
by  the  University  of  the  State  or  which  are  now  or  may  hereafter  be 
admitted  to  membership  in  the  University  of  the  State;  nor  shall 
such  license  be  required  of  schools  now  or  hereafter  established  and 
maintained  by  a  religious  denomination  or  sect  well  recognized  as 
such  at  the  time  this  section  takes  effect;  nor  shall  such  license  be 
required  for  classes  conducted  by  fraternal  orders  duly  incorporated 
under  the  laws  of  this  State  which  have  for  their  purpose  solely  the 
instruction  of  their  members  in  the  ritual  of  such  orders.  A  school, 
institute,  class  or  course  licensed  as  provided  in  this  section  shall  be 
subject  to  visitation  by  officers  and  employees  of  The  University  of 
the  State  of  New  York. 

2  A  license  granted  to  a  school,  institute,  class  or  course  as  pro- 
vided herein  shall  be  subject  to  revocation  by  the  Regents  of  the 
University  upon  due  notice  after  an  opportunity  to  be  heard  before 
the  Board  of  Regents  or  a  committee  thereof  or  an  officer  of  the 
Education  Department  in  each  case  designated  by  the  Board  of 
Regents.  Such  license  shall  be  revoked  when  it  shall  appear  to  the 
satisfaction  of  the  Regents  that  there  is  being  taught  in  such  school, 
institute,  class  or  course  the  doctrine  that  organized  government 
should  be  overthrown  by  force,  violence  or  unlawful  means,  or  that 
the  same  is  being  conducted  in  a  fraudulent  manner.  The  action  of 
the  Regents  of  the  University  of  the  State  in  refusing  to  grant  a 
license  to  any  applicant  as  provided  in  this  section  or  in  revoking  a 
license  previously  issued  shall  be  subject  to  review  by  certiorari  in  the 
Supreme  Court  of  the  State,  as  provided  by  law. 

3  Any  person,  firm,  corporation,  association  or  society,  or  any 
representative  or  employee  thereof,  maintaining  or  conducting  a 
school,  institute,  course  or  class  without  a  license  granted  as  herein 


30  THE   UNIVERSITY   OF  THE  STATE   OF    NEW   YORK 

provided  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
therefor  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars,  or  by  imprisonment  not  exceeding  sixty  days.  Whenever 
it  shall  appear  that  any  person,  firm,  corporation,  association  or 
society  is  maintaining  or  conducting  a  school,  institute,  course  or  class 
without  such  license  an  appropriate  action  and  injunction  proceed- 
ings may  be  brought  on  behalf  of  the  State  by  the  Attorney-General 
to  restrain  such  person,  firm,  corporation,  association  or  society,  or 
any  employee  or  representative  thereof,  from  continuing  the  mainte- 
nance or  conduct  of  such  school,  institute,  course  or  class  without 
such  license.  [Added  by  L.  1921,  ch.  667,  in  effect  September  1, 
1921.  The  sum  of  $10,000  was  appropriated  by  the  Legislature  to 
carry  out  the  provisions  of  this  section.] 


ARTICLE  4 

Commissioner  of  Education 

Section  90  Commissioner  of  Education  continued 

91  How  chosen 

92  Term  of  office 

93  Salary 

94  General  powers  and  duties 

94-a  Transfer  of  powers  of  State  Board  of  Charities  in  relation  to 
the  New  York  State  School  for  the  Blind  to  the  Commis- 
sioner of  Education 

95  Removal  of  school  offices;  withholding  public  money 

96  Other  powers 

97  Schools  of  union  free  school  districts  and  cities 

98  Reports  of  school  officers 

99  County  clerk  and  county  treasurers  to  forward  certain  reports 

§  90  Commissioner  of  Education  continued.  The  office  of 
Commissioner  of  Education  is  hereby  continued. ' 

§  91  How  chosen.  1  The  Commissioner  of  Education  shall 
be  elected  by  a  majority  vote  of  the  Regents. 

2  Such  Commissioner  may  be  elected  without  regard  to  the  place 
of  his  residence  whether  it  be  within  or  without  the  State  of  New 
York. 

§  92  Term  of  office.  The  Commissioner  of  Education  shall 
serve  during  the  pleasure  of  the  Board  of  Regents. 

§  93  Salary.  The  salary  of  such  Commissioner  shall  be  seven 
thousand  five  hundred  dollars  per  annum,  payable  monthly,  and  he 


EDUCATION    LAW  31 

•shall  also  be  paid  one  thousand  five  hundred  dollars  in  lieu  and  in 
full  for  his  traveling  and  other  expenses  which  shall  also  be  payable 
monthly. 

§  94  General  powers  and  duties.  The  Commissioner  of  Edu- 
cation is  hereby  charged  with  the  following  powers  and  duties: 

1  He  is  the  chief  executive  officer  of  the  state  system  of  education 
and  of  the  Board  of  Regents.  He  shall  enforce  all  general  and 
special  laws  relating  to  the  educational  system  of  the  State  and 
execute  all  educational  policies  determined  upon  by  the  Board  of 
Regents. 

2  He  shall  have  general  supervision  over  all  schools  and  insti- 
tutions which  are  subject  to  the  provisions  of  this  act,  or  of  any 
statute  relating  to  education,  and  shall  cause  the  same  to  be  examined 
and  inspected,  and  shall  advise  and  guide  the  school  officers  of  all 
districts  and  cities  of  the  State  in  relation  to  their  duties  and  the 
general  management  of  the  schools  under  their  control. 

3  He  shall  have  general  supervision  of  industrial  schools,  trade 
schools  and  schools  of  agriculture,  mechanic  arts  and  homemaking; 
he  shall  prescribe  regulations  governing  the  licensing  of  the  teachers 
employed  therein;  and  he  is  hereby  authorized,  empowered  and 
directed  to  provide  for  the  inspection  of  such  schools,  to  take  neces- 
sary action  to  make  effectual  the  provisions  therefor,  and  to  advise 
and  assist  boards  of  education  in  the  several  cities  and  school  districts 
in  the  establishment,  organization  and  management  of  such  schools. 

4  He  shall  also  have  general  supervision  over  the  state  normal 
schools  which  have  been,  or  which  may  hereafter  be,  established  as 
required  by  the  provisions  of  this  chapter. 

5  He  shall  be  ex  officio  a  trustee  of  Cornell  University. 

6  He  shall  be  responsible  for  the  safe  keeping  and  proper  use 
of  the  Department  and  University  seal  and  of  the  books,  records 
and  other  property  in  charge  of  the  Regents,  and  for  the  proper 
administration  and  discipline  of  the  various  offices  and  divisions  of 
the  Education  Department. 

7  He  may  annul  upon  cause  shown  to  his  satisfaction  any  cer- 
tificate of  qualification  granted  to  a  teacher  by  any  authority  what- 
ever or  declare  any  diploma  issued  by  a  st4te  normal  school  inef- 
fective and  null  as  a  qualification  to  teach  a  common  school  within 
this  State,  and  he  may  reconsider  and  reverse  his  action  in  any 
such  matter. 

8  He  shall  cause  to  be  prepared  and  keep  in  his  office  records 
of  all  persons  who  have  received,  or  shall  receive,  certificates  of 
qualification  to  teach  or  diplomas  of  the  state  normal  schools,  with 


32  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

the  dates  thereof,  and  shall  note  thereon  all  annulments  of  such 
certificates  and  diplomas,  and  reversals  thereof,  with  the  dates  and 
causes  thereof,  together  with  such  other  particulars  as  he  may  deem 
expedient. 

8-a  The  Commissioner  shall  procure  with  the  consent  of  the 
federal  authorities  complete  lists  giving  the  names,  ages  and  destina- 
tion within  the  State  of  all  alien  children  of  school  age  and  such 
other  facts  as  will  tend  to  identify  them,  and  shall  deliver  copies 
of  such  lists  to  the  several  boards  of  education  and  school  boards 
in  the  respective  localities  within  the  State  to  which  said  children 
shall  be  destined,  to  aid  in  the  enforcement  of  the  provisions  of 
this  chapter  relative  to  the  compulsory  attendance  at  school  of 
children  of  school  age.  [Subdivision  8-a  added  by  L.  1921,  ch.  21, 
in  effect  March  3,  1921.] 

9  He  shall  cause  to  be  prepared  suitable  registers,  blanks,  forms 
and  regulations  for  making  all  reports  and  conducting  all  necessary 
business  under  this  chapter,  and  shall  cause  the  same,  with  such 
information  and  instructions  as  he  shall  deem  conducive  to  the 
proper  organization  and  government  of  the  common  schools  and  the 
due  execution  of  their  duties  by  school  officers,  to  be  transmitted 
to  the  officers  and  persons  intrusted  with  the  execution  of  the  same. 

10  He  may  administer  oaths  and  take  affidavits  concerning  any 
matter  relating  to  the  duties  of  his  office  or  pertaining  in  any  way 
to  the  schools  of  the  State  or  any  part  thereof. 

11  He  is  hereby  authorized  to  furnish  by  means  of  pictorial 
or  graphic  representations,  additional  facilities  for  instruction  in 
geography,  history,  science  and  kindred  subjects,  to  the  schools, 
institutions  and  organizations  under  the  supervision  of  the  Regents. 
Material  collected  for  this  purpose  may,  under  Regents  general 
rules,  be  lent  for  a  limited  time  to  responsible  institutions  and 
organizations  for  the  benefit  of  artisans,  mechanics  and  other  citizens 
of  the  several  communities  of  the  State.  He  may  from  time  to 
time  enter  into  contracts  necessary-  for  carrying  out  this  provision. 

11-a  The  Commissioner  of  Education  is  authorized  and  directed 
to  establish  and  provide  for  the  maintenance  and  conduct  of  courses 
of  study  or  training  in  state  normal  institutions  and  in  colleges  and 
universities  and  other  educational  institutions  and  in  connection 
with  other  educational  agencies  for  the  purpose  of  training  teachers 
in  principles  and  methods  of  instruction,  and  to  give  them  knowledge 
to  fit  them  to  instruct  foreign-born  and  native  adults  and  minors 
over  sixteen  years  of  age  in  evening,  extension,  factory,  home  and 
community  classes.     Such  courses  of  study  shall  be  prescribed  by 


EDUCATION    LAW 


33 


the  Commissioner  of  Education  and  shall  continue  for  a  period  of 
not  less  than  one  year.  No  teacher  employed  to  instruct  foreign- 
born  and  native  adults  and  minors  over  sixteen  years  of  age  shall 
be  employed  by  the  State  or  compensated  in  whole  or  in  part  by 
the  State,  unless  he  shall  have  completed  such  course  of  study  or 
training  or  shall  have  an  equivalent  thereof  to  be  determined  under 
the  rules  and  regulations  of  the  Commissioner  of  Education.  A 
special  certificate  shall  be  issued  to  teachers  who  have  completed 
such  course  of  study  or  a  course  of  instruction  which  is  equivalent 
thereto,  provided,  however,  that  temporary  permits  may  be  issued 
by  the  Commissioner  of  Education  to  teachers  who  are  qualified 
to  give  such  instruction  pending  the  completion  of  such  a  course  of 
study  or  training.  [Added  by  L.  1918,  ch.  412 ;  amended  by  L. 
1920^  ch.  851,  in  effect  May  20,  1920.  The  sum  of  $40,000  was', 
appropriated  by  the  Legislature  to  carry  out  the  provisions  of  this 
subdivision.] 

ll-b  [Subdivision  11-b  repealed  by  L.  1921,  ch.  327,  in  effect 
April  22,  1921.] 

ll-c  The  board  of  estimate  and  apportionment  of  a  city,  the 
council  of  a  city,  or  the  common  council  of  a  city,  the  board  of 
supervisors  of  a  county,  the  board  of  trustees  of  an  incorporated 
village,  the  town  board  of  a  town,  may  make  appropriations  to  aid 
and  promote  the  extension  of  education  among  the  illiterates  and 
non-English-speaking  persons  within  the  jurisdiction  of  these 
respective  bodies.  [Added  by  L.  1919,  ch.  617,  in  effect  May  14, 
1919.  The  sum  of  $100,000  was  appropriated  to  the  Commis- 
sioner of  Education  for  carrying  out  the  provisions  of  subdivisions 
11-b  and  ll-c] 

ll-d  The  Commissioner  of  Education  or  the  board  of  education 
or  trustees  of  any  city  or  school  district  may  provide  for  the  estab- 
lishment of  courses  of  instruction  or  study  and  schools  in  connec- 
tion with  factories,  places  of  employment,  or  in  such  other  places 
as  he  or  they  may  deem  advisable,  for  the  purpose  of  giving 
instruction  to  foreign-born  and  native  adults  and  minors  over  the 
age  of  sixteen  years.  Such  course  of  instruction  or  study  shall 
include  instruction  in  English,  history,  civics  and  other  subjects 
tending  to  promote  good  citizenship  and  to  increase  vocational 
efficiency.  Such  course  of  instruction  and  study  shall  be  prescribed 
by  the  Regents  of  The  University  of  the  State  of  New  York,  and 
shall  be  in  conformity  with  rules  to  be  adopted  by  them.  If  the 
board  of  education  or  trustees  of  a  city  or  school  district  shall 
establish  such  a  course  of  instruction  or  study,  and  shall  employ 


34  THE   UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

teachers  properly  qualified  as  provided  by  law  to  give  such  instruc- 
tion, the  Commissioner  of  Education  shall  apportion  in  the  same 
manner  as  teachers'  quotas  are  apportioned  to  such  city  or  school 
district  an  amount  equal  to  one-half  the  salary  paid  to  each  of  such 
teachers,  but  not  to  exceed  one  thousand  dollars  for  each  teacher 
so  employed.  [Subdivision  11-d  added  by  L.  1920,  ch.  852,  and 
amended  by  L.  1921,  ch.  227,  in  effect  April  22,  1921.] 

12  He  shall  also  have  and  execute  such  further  powers  and 
duties  as  he  shall  be  charged  with  by  the  Regents. 

§  94-a  Transfer  of  powers  of  State  Board  of  Charities  in  rela- 
tion to  the  New  York  School  for  the  Blind  to  the  Commissioner 
of  Education.  All  the  powers  of  regulation,  supervision  and 
control  heretofore  exercised  by  the  State  Board  of  Charities  upon, 
over  and  in  relation  to  the  New  York  State  School  for  the  Blind 
at  Batavia,  by  virtue  of  the  state  charities  law,  are  hereby  trans- 
ferred to  and  vested  in  the  Commissioner  of  Education  in  addition 
to  his  other  powers  and  duties,  and  the  Commissioner  of  Education 
shall  hereafter  exercise  and  perform  in  relation  to  such  state  school 
for  the  blind  all  the  powers  and  duties  heretofore  exercised  and 
performed  by  the  State  Board  of  Charities  relating  to  the  regula- 
tion, supervision  and  control  of  such  school  under  the  provisions 
of  the  state  charities  law.  Nothing  herein  contained  shall  in  any 
way  deprive  the  State  Board  of  Charities  of  its  powers  of  visitation 
and  inspection  in  regard  to  said  school  for  the  blind  as  provided 
in  the  constitution  nor  affect  in  any  way  the  fiscal  control  of  said 
school  now  exercised  under  the  state  charities  law  by  the  fiscal 
supervisor  of  state  charities.  [Added  by  L.  1919,  ch.  136,  in  effect 
My  1,  1919.] 

§  95  Removal  of  school  officers;  withholding  public  money. 
1  Whenever  it  shall  be  proved  to  his  satisfaction  that  any  trustee, 
member  of  a  board  of  education,  clerk,  collector,  treasurer,  school 
commissioner,  superintendent  of  schools  or  other  school  officer  has 
been  guilty  of  any  wilful  violation  or  neglect  of  duty  under  this 
chapter,  or  any  other  act  pertaining  to  common  schools  or  other 
educational  institution  participating  in  state  funds,  or  wilfully 
disobeying  any  decision,  order  or  regulation  of  the  Regents  or  of 
the  Commissioner  of  Education,  said  Commissioner  may,  by  an 
order  under  his  hand  and  seal,  which  order  shall  be  recorded  in 
his  office,  remove  such  school  officer  from  his  office. 

2  Said  Commissioner  of  Education  may  also  withhold  from  any 
district  or  city  its  share  of  the  public  money  of  the  State  for  wil- 
fully disobeying  any  provision  of  law  or  any  decision,  order  or 
regulation  as  aforesaid. 


EDUCATION    LAW  35 

§  96  Other  powers.  The  Commissioner  of  Education  shall 
also  have  power  and  it  shall  be  his  duty  to  cause  to  be  instituted 
such  proceedings  or  processes  as  may  be  necessary  to  properly 
enforce  and  give  effect  to  any  provision  in  this  chapter  or  in  any 
other  general  or  special  law  pertaining  to  the  school  system  of  the 
State  or  any  part  thereof  or  to  any  school  district  or  city.  He  shall 
possess  the  power  and  authority  to  likewise  enforce  any  rule  or 
direction  of  the  Regents. 

§  97  Schools  of  union  free  school  districts  and  cities.  The 
schools  of  every  union  free  school  district  and  of  every  city  in  all 
their  departments  shall  be  subject  to  the  visitation  of  the  Commis- 
sioner of  Education.  He  is  charged  with  the  general  supervision 
of  their  boards  of  education  and  their  management  and  conduct  of 
all  departments  of  instruction. 

§  98  Reports  of  school  officers.  The  officers  of  the  several 
districts  and  cities  of  the  State  and  all  other  school  officers  shall 
make  such  reports  and  in  such  form  from  time  to  time  in  relation 
to  the  schools  under  their  management  and  supervision  as  the  Com- 
missioner of  Education  shall  require. 

§  99  County  clerk  and  county  treasurers  to  forward  certain 
reports.  1  The  county  clerk  of  each  county  shall,  upon  the 
requisition  of  the  Commissioner  of  Education,  file  with  such  Com- 
missioner any  reports  of  trustees  of  school  districts  and  boards  of 
education  or  the  abstract  of  such  reports  made  by  school  commis- 
sioners which  have  been  fil«d  in  the  office  of  such  county  clerk 
pursuant  to  the  provisions  of  the  Education  Law,  whenever  it  is 
necessary  for  the  Commissioner  of  Education  to  obtain  information 
or  data  contained  in  official  reports  which  have  been  transmitted  to 
the  Education  Department  but  which  have  been  destroyed  by  fire 
or  otherwise. 

2  The  county  treasurer  of  each  county  shall,  upon  the  requisition 
of  the  Commissioner  of  Education,  forward  to  said  Commissioner 
any  original  certificates  relating  to  the  apportionment  of  school 
moneys  which  the  Commissioner  of  Education  has  filed  in  the  office 
of  such  treasurer  whenever  it  is  necessary  to  obtain  information 
on  the  apportionment  of  school  moneys  when  the  data  relating 
thereto  in  the  office  of  the  Commissioner  of  Education  has  been 
destroyed  by  fire  or  otherwise.  After  securing  such  information 
as  may  be  necessary  from  such  certificates,  the  Commissioner  of 
Education  shall  return  the  same  to  the  treasurer  of  such  county. 
[Added  by  L.  1911,  ch.  159.] 


Z6  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

ARTICLE  5 

School  Districts 

Section  120  Existing  districts  continued 

121  Formation  of  new  district 

122  Number  and  description  of  districts 

123  Alteration  by  consent 

124  Alteration  without  consent 

125  Hearing  of  objections  to  order  for  alteration  without  consent 

126  Dissolution  or  alteration  of  joint  district 

127  Special  meeting  of  joint  district  to  act  regarding  dissolution 

128  Dissolution  by  consent  and  consequent  alteration  of  districts 

129  Dissolution,  re-formation  and  consolidation  of  districts 

130  Consolidation  of  districts  by  vote  of  qualified  electors 

131  Request  for  meeting  to  consolidate  districts ;  notices  of  meeting 

132  Proceedings   at  meeting   for   consolidation ;   adoption   of   resolu- 

tion ;  proceedings  to  be  filed 

133  Order  creating  consolidated  district;  effect 

134  District  quotas  of  consolidated  districts 

134-a  The  bonded  indebtedness  of  certain  dissolved  districts 

135  Continuance  of  dissolved  district  for  payment  of  debts 

136  Deposits  of  records  of  dissolved  district 

137  Property  of  districts  consolidated 

138  Sale  of  property  of  dissolved  district  and  disposition  of  proceeds 

139  Collection  and  distribution  of  moneys  due  dissolved  district 

140  Fees  of  supervisor  and  town  clerk 

141  Notice  of  meeting  for  establishment  of  union  free  school  district 

142  Posting,  publication  and  service  of  notice 

143  Notice  in  case  of  adjoining  districts 

144  Expense  of  notice 

145  Proceedings  at  meeting  and  effect  of  affirmative  vote 

146  Meeting    to    determine    regarding    reorganization    as    common 

school  district 

147  Result  of  vote  for  or  against  reorganization 

148  Reversion  to  form  of  original  school  districts 

149  School  commissioner  may  require  equality  of  partition 

150  Effect    of    veto   by    school    commissioner    regarding    subsequent 

meeting 

151  Report  of  proceedings  to  Commissioner  of  Education 

152  Distribution  of  moneys  on  dissolution 

153  School  property  exempt  from  taxation 

154  Application  of  funds  obtained  from  sale  of  school  property 

# 

§  120  Existing  districts  continued.  All  school  districts  organ- 
ized either  by  special  laws  or  pursuant  to  the  provisions  of  a  general 
law  are  hereby  continued  and  may  be  altered  or  dissolved  as  herein 
provided. 


EDUCATION    LAW  37 

§  121  Formation  of  new  district.  1  A  district  superintendent 
may  organize  a  new  school  district  out  of  the  territory  of  one  or 
more  school  districts  which  are  wholly  within  his  supervisory  district, 
whenever  the  educational  interests  of  the  community  require  it.  If 
there  is  an  outstanding  bonded  indebtedness  chargeable  against  the 
district  or  districts  out  of  the  territory  of  which  such  new  district  is 
organized ;  the  district  superintendent  shall  apportion  said  indebted- 
ness between  such  new  district  and  the  remaining  portion  of  the  dis- 
trict or  districts  out  of  which  such  new  district  is  organized,  accord- 
ing to  the  assessed  valuation  thereof,  and  the  portion  of  the  indebted- 
ness so  apportioned  shall  become  a  charge  for  principal  and  interest 
upon  the  respective  districts  as  though  the  same  had  been  incurred 
by  said  districts  separately. 

2  The  district  superintendents  of  two  or  more  adjoining  super- 
visory districts  when  public  interests  require  it,  may  form  a  joint 
school  district  out  of  the  adjoining  portions  of  their  respective  dis- 
^-tricts^   [Amended  by  L.  1912,  ch.  294.] 

§  122  Number  and  description  of  districts.  1  Each  school 
commissioner  shall  renumber  the  school  districts  of  each  town  in  his 
commissioner  district  from  time  to  time  and  shall  also  number  each 
new  district  and  shall  describe  in  metes  and  bounds  each  of  such 
school  districts. 

2  The  order  of  a  school  commissioner  forming  or  numbering  a 
school  district  and  the  written  description  thereof  together  with  all 
notices,  orders,  consents  and  proceedings  relating  to  the  formation 
or  alteration  thereof  shall  be  filed  with  the  town  clerk  of  the  town  in 
which  such  district  is  located. 

3  Every  joint  district  shall  bear  the  same  number  in  every  school 
commissioner  district  of  whose  territory  it  is  in  part  composed. 

§  123  Alteration  by  consent.  1  With  the  written  consent  of 
the  trustees  of  all  the  districts  to  be  affected  thereby,  the  district 
superintendent  may  make  an  order  altering  the  boundaries  of  any 
school  district  within  his  jurisdiction,  and  fix  in  such  order  a  day 
when  the  alteration  shall  take  effect. 

2  With  the  written  consent  of  the  board  of  education  of  a  union 
free  school  district  having  a  population  of  five  thousand  or  more, 
and  employing  a  superintendent  of  schools,  and  the  written  consent 
of.  the  board  of  education  or  trustees  of  a  district  in  a  supervisory 
district  adjoining  such  union  free  school  district,  the  district  super- 
intendent having  jurisdiction  may  make  an  order  altering  the  bound- 
aries of  such  districts,  and  fix  in  such  order  a  day  when  the  alteration 
shall  take  effect.     [Amended  by  L.  1914,  ch.  154.] 


38  THE   UNIVERSITY   OF   THE   STATE   OF    NEW   YORK 

§  124  Alteration  without  consent.  If  the  trustees  of  any 
district  affected  thereby  refuse  to  consent,  the  school  commissioner 
may  make  and  file  with  the  town  clerk  his  order  making  the  altera- 
tion, but  reciting  the  refusal,  and  directing  that  the  order  shall  not 
take  effect  until  a  day  therein  to  be  named,  and  not  less  than  three 
months  after  the  date  of  such  order. 

§  125  Hearing  of  objections  to  order  for  alteration  without 
consent.  1  Within  ten  days  after  making  and  filing  such  order 
the  school  commissioner  shall  give  at  least  a  week's  notice  in  writing 
to  the  trustees  of  all  districts  affected  by  the  proposed  alterations, 
that  at  a  specified  time,  and  at  a  named  place  within  the  town  in 
which  one  of  the  districts  to  be  affected  lies,  he  will  hear  the  objections 
to  the  alteration. 

2  The  trustees  of  any  district  to  be  affected  by  such  order  may 
request  the  supervisor  and  town  clerk  of  each  of  the  towns,  within 
which  such  districts  shall  wholly  or  partly  lie,  to  be  associated  with 
the  school  commissioner. 

3  At  the  time  and  place  mentioned  in  the  notice,  such  commis- 
sioner, with  the  supervisors  and  town  clerks,  if  they  shall  attend 
and  act,  shall  hear  and  decide  the  matter,  and  the  decision  shall  be 
final  unless  duly  appealed  from.  Such  decision  must  either  affirm 
or  vacate  such  ojder,  and  must  be  filed  with  and  recorded  by  the 
town  clerk  of  the  town  in  which  the  district  to  be  affected  shall  lie, 
and  a  tie  vote  shall  be  regarded  a  decision  for  the  purposes  of  an 
appeal  on  the  merits.  Upon  such  appeal  the  Commissioner  of 
Education  may  affirm,  modify  or  vacate  the  order  of  the  school  com- 
missioner or  the  action  of  the  local  board. 

§  126  Dissolution  or  alteration  of  joint  district.  The  majority 
of  the  school  commissioners  within  whose  districts  any  joint  school 
district  lies  may  make  an  order  at  a  meeting  duly  called  by  one  of 
such  commissioners  altering  or  dissolving  such  district. 

§  127  Special  meeting  of  joint  district  to  act  regarding  dis- 
solution. 1  If  a  school  commissioner,  by  notice  in  writin'g, 
siiall  require  the  attendance  of  the  other  school  commissioners,  at  a 
joint  meeting  for  the  purpose  of  altering  or  dissolving  a  joint  district, 
and  a  majority  of  all  the  commissioners  shall  refuse  or  neglect  to 
attend,  such  commissioners  attending,  or  any  one  of  them,  may  call 
a  special  meeting  of  such  school  district  for  the  purpose  of  deciding 
whether  such  district  shall  be  dissolved. 

2  If  such  special  meeting  shall  vote  to  dissolve  the  district  the 
school  commissioner  who  called  such  meeting  may  make  an  order 
dissolving  the  district  and  shall  recite  in  such  order  the  refusal  or 


EDUCATION    LAW  39 

neglect  of  the  other  school  commissioners,  his  call  of  the  special 
meeting  and  the  action  taken  at  such  meeting. 

§  128  Dissolution  by  consent  and  consequent  alteration  of 
districts.  1  A  school  commissioner  may  dissolve  one  or  more 
common  school  districts  upon  the  written  consent  of  the  trustees  of 
all  the  districts  to  be  affected.  When  one  or  more  of  such  districts 
adjoin  a  union  free  school  district  whose  limits  do  not  correspond 
with  those  of  an  incorporated  village  or  city,  he  may  annex  the  terri- 
tory of  such  dissolved  districts  to  such  union  free  school  district. 

2  A  school  commissioner  on  the  written  consent  of  the  boards 
of  education  of  the  districts  affected  may  also  dissolve  a  union  free 
school  district  when  it  adjoins  another  union  free  school  district  and 
annex  the  territory  of  such  dissolved  district  to  such  other  union 
free  school  district. 

§  129  Dissolution,  re-formation  and  consolidation  of  districts. 
Any  schooj  commissioner  may  dissolve  one  or  more  districts,  and 
may~tfom  such  territory  form  a  new  district ;  he  may  also  unite  such 
territory  or  a  portion  thereof  to  any  adjoining  school  district,  except 
a  union  free  school  district  whose  boundaries  are  coterminous  with 
the  boundaries  of  an  incorporated  village  or  city. 

§  130  Consolidation  of  districts  by  vote  of  qualified  electors. 
Two  or  more  common  school  districts  may  be  consolidated  and 
created  as  one  common  school  district,  of^  two  or  more  union  free 
school  districts  may  be  consolidated  and  created  as  one  union  free 
school  district,  or  one  or  more  common  school  districts  may  be  con- 
solidated with  one  or  more  union  free  school  districts  and  created 
as  a  union  free  school  district,  by  a  vote  of  the  qualified  electors 
thereof  as  provided  in  the  following  sections.  [Former  §  130 
repealed  by  L.  1911,  ch.  334;  new  §  130  added  by  L.  1913,  ch.  129.] 

§  131  Request  for  meeting  to  consolidate  districts;  notices  of 
meeting.  1  Whenever  two-thirds  of  the  qualified  electors  of 
each  of  two  or  more  districts  in  which  there  shall  be  less  than  fifteen 
qualified  electors,  or  if  there  be  fifteen  or  more  qualified  electors  in 
either  of  such  districts  whenever  ten  or  more  of  such  electors  shall 
sign  a  request  for  a  meeting  to  be  held  for  the  purpose  of  determining 
whether  such  districts  shall  be  consolidated  as  a  common  school  dis- 
trict, and  submit  the  same  to  the  trustees  or  board  of  education  of 
each  of  such  districts,  it  shall  be  the  duty  of  such  trustees  or  board 
of  education  to  give  public  notice  that  a  meeting  of  the  qualified 
electors  of  such  districts  will  be  held  at  some  convenient  place  within 
such  districts,  as  centrally  located  as  may  be,  to  vote  upon  the  ques- 

.  -       :! 

^  So  in  original. 


40  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

tion  of  consolidating  such  districts.  Such  notice  shall  specify  the< 
day  and  hour  when  such  meeting  shall  be  held,  not  less  than  twenty 
nor  more  than  thirty  days  after  the  posting,  service  or  publication  of 
such  notice.  If  the  trustees  or  board  of  education  shall  refuse  or 
neglect  to  give  such  notice  within  twenty  days  after  such  request  is 
submitted  the  Commissioner  of  Education  may  authorize  and  direct 
any  qualified  elector  of  the  district  to  give  such  notice. 

2  If  any  part  of  either  of  such  districts  is  situated  wholly  or 
partly  within  an  incorporated  village  in  which  one  or  more  news- 
papers are  published,  such  notice  shall  be  published  once  in  each 
week  for  three  consecutive  weeks  before  such  meeting  in  all  the 
newspapers  published  in  such  village,  and  shall  also  be  posted  at 
least  twenty  days  prior  to  such  meeting,  in  at  least  five  conspicuous 
places  in  each  district.  In  all  other  districts  the  trustees  or  board 
ot  education  of  each  district  shall  authorize  and  direct  a  qualified 
elector  thereof  to  notify  each  qualified  elector  of  such  district  of 
such  meeting  by  delivering  to  him  a  copy  of  such  notice  or  in  case 
of  his  absence  from  home,  by  leaving  a  copy  thereof,  or  so  much 
thereof  as  relates  to  the  time,  place  and  object  of  the  meeting,  at  the 
place  of  his  abode,  at  least  twenty  days  prior  to  the  time  of  such 
meeting. 

3  The  reasonable  expense  of  the  publication  and  service  of  such 
notice  shall  be  chargeable  upon  the  districts,  if  the  vote  be  in  favor 
of  consolidation,  and  if  not,  shall  be  paid  by  the  persons  signing  the 
request  for  such  meeting  as  provided  by  section  144.  [Former  §  131 
repealed  by  L.  1911,  ch.  334;  new  §  131  added  by  L.  1913,  ch.  129, 
and  amended  by  L.  1914,  ch.  101.] 

§  132  Proceedings  at  meeting  for  consolidation;  adoption  of 
resolution;  proceedings  to  be  filed.  Such  meeting  shall  be 
organized  as  provided  in  section  145.  Such  meeting  may  adopt  a 
resolution  to  consolidate  such  districts  if  two-thirds  of  the  qualified 
electors  of  each  district  having  less  than  fifteen  of  such  electors  are 
present,  or  in  case  of  districts  having  fifteen  or  more  qualified  electors 
if  ten  or  more  are  present.  The  vote  upon  such  resolution  shall  be 
by  taking  and  recording  the  ayes  and  noes.  The  clerk  shall  keep 
a  poll-list  upon  which  shall  be  recorded  the  names  of  all  qualified 
electors  voting  upon  the  resolution,  the  districts  in  which  such  electors 
reside,  and  how  each  elector  voted.  If  it  shall  appear  from  the 
votes  so  recorded  that  a  majority  of  the  qualified  electors  present 
and  voting  from  each  district  are  in  favor  of  such  resolution  it  shall 
be  declared  adopted.  If  a  majority  of  the  qualified  electors  present 
and  voting  from  each  district  are  not  in  favor  of  such  resolution,  all 


EDUCATION    LAW  Al 

further  proceedings  at  such  meeting,  except  a  motion  to  reconsider 
or  adjourn  shall  be  dispensed  with  and  no  such  meeting  shall  be 
again  called  within  one  year  thereafter. 

Copies  of  such  request,  notice  of  meeting,  order  of  the  Commis- 
sioner of  Education  directing  a  qualified  elector  to  call  such  meeting, 
if  any,  and  the  minutes  of  the  meeting,  including  the  record  of  the 
vote  upon  the  resolution,  duly  certified  by  the  chairman  and  clerk, 
shall  be  transmitted  by  either  the  chairman  or  clerk,  one  to  the  Com- 
missioner of  Education,  and  one  to  the  district  superintendent  of 
schools  in  whose  jurisdiction  such  districts  are  located.  [Former 
§  132  repealed  by  L.  1911,  ch.  334;  nezv  §  132  added  by  L.  1913, 
ch.  129,  and  amended  by  L.  1914,  ch.  101.] 

§  133  Order  creating  consolidated  district;  effect.  The  dis- 
trict superintendent  shall  thereupon  issue  an  order  consolidating 
such  districts  and  creating  a  common  school  district,  or  union  free 
school  district,  as  the^^se  may  be,  designating  such  district  by 
number.  Such  order  shall  take  effect  at  some  date  to  be  specified 
therein,  not  more  than  three  months  after  the  date  of  the  meeting. 
He  shall  file  such  order  in  the  town  clerk's  office  of  the  town  in 
which  such  districts  are  located.  If  such  districts  are  located  in 
two  or  more  supervisory  districts  such  order  shall  be  executed 
jointly  by  the  district  superintendents  of  such  districts.  Such  order 
shall  have  the  same  effect  as  an  order  executed  by  a  disitrict  super- 
intendent dissolving  two  or  more  common  school  districts  and 
forming  a  new  district  therefrom,  or  dissolving  one  or  more  of  such 
districts  and  uniting  the  territory  thereof  to  a  union  free  school 
district.  But  a  district  superintendent  may,  upon  a  petition  of  at 
least  twenty-five  qualified  electors  of  the  consolidated  district,  where 
one  of  the  districts  consolidated  is  a  union  free  school  district,  or 
shall,  when  directed  by  the  Commissioner  of  Education,  direct  the 
clerk  of  the  board  of  education  of  such  union  free  school  district 
to  call  a  special  meeting  of  the  qualified  electors  thereof,  for  the 
purpose  of  increasing  the  number  of  members  of  the  board  of  edu- 
cation of  such  new  district,  subject  to  the  limitations  prescribed  by 
section  308  of  this  chapter,  or  for  the  purpose  of  terminating  the 
offices  of  the  members  of  the  board  of  education  in  office  when 
the  consolidation  takes  effect.  If  it  be  determined  to  increase  the 
number  of  such  members,  such  meeting  shall  elect  the  additional 
number  so  determined  upon,  as  provided  in  such  section  308.  If 
it  be  determined  to  elect  a  new  board  of  education  in  place  of  the 
board  in  office  when  the  consolidation  takes  effect,  such  meeting 
shall  proceed  with  the  election  of  a  board  of  education  as  provided 


42  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

in  sections  301  and  302  of  this  chapter.  [Added  by  L.  1913, 
ch.  129.] 

§  134  District  quotas  of  consolidated  districts.  There  shall 
be  apportioned  and  paid  to  the  district  created  by  the  consolidation 
of  districts  as  provided  in  sections  one  hundred  and  twenty-eight, 
one  hundred  and  twenty-nine  and  one  hundred  and  thirty-two  of 
this  article  district  quotas  for  each  of  the  districts  consolidated  in 
the  same  amount  and  under  the  same  conditions  as  though  such 
consolidation  had  not  been  effected.  Such  apportionment  shall  be 
based  upon  the  assessed  valuation  of  the  taxable  property  within 
such  districts  as  they  existed  at  the  time  of  the  consolidation,  and 
the  trustees  or  board  of  education  of  the  consolidated  district  shall 
include  in  their  report  a  statement  of  such  assessed  valuation.  The 
money  so  apportioned  and  paid  to  the  consolidated  district  may  be 
applied  to  the  payment  of  the  salaries  of  teachers,  the  transportation 
of  pupils  and  the  maintenance  of  the  school  in  the  district.  If  a 
district  is  divided  into  portions,  which  are  annexed  to  other  dis- 
tricts, the  district  quota  of  such  district,  based  upon  the  assessed 
valuation  of  the  taxable  property  within  the  bounds  of  the  district 
at  the  time  of  division,  shall  be  apportioned  among  such  other  dis- 
tricts in  the  proportions,  respectively,  that  the  assessed  valuation 
of  the  taxable  property  in  the  annexed  portions  bears  to  the  assessed 
valuation  of  such  property  in  the  district  so  divided.  The  trustees 
or  board  of  education  of  each  of  such  other  districts  shall  include 
in  their  report  a  statement  of  the  assessed  valuation  of  its  annexed 
portion  and  may  use  the  money  so  apportioned  for  payment  of 
salaries  of  teachers,  the  transportation  of  pupils  and  the  maintenance 
of  schools  in  their  respective  districts.  [Former  §  134  repealed  by 
L.  1911,  ch.  334;  new  §  134  added  by  L.  1913,  ch.  129;  amended  by 
L.  1914,  ch.  101  and  L.  1920,  ch.  140,  in  effect  April  1,  1920.] 

§  134-a  The  bonded  indebtedness  of  certain  dissolved  districts. 
Whenever  two  or  more  districts  are  dissolved  pursuant  to  the  pro- 
visions of  section  128  of  this  article  and  annexed  to  adjoining  dis- 
tricts or  consolidated  as  provided  in  section  132,  the  bonded  indebt- 
edness of  any  such  district  shall  thereupon  become  a  charge  upon 
the  enlarged  district  formed  by  such  annexation.  The  board  of 
education  or  trustees  of  such  district  shall  raise  by  tax  an  amount 
sufficient  to  pay  any  of  the  bonds  and  interest  thereof  of  such 
district  as  the  same  shall  become  due.  [Former  §  133  renumbered 
and  amended  by  L.  1913,  ch.  129.] 

§  135  Continuance  of  dissolved  districts  for  payment  of  debts^ 
Though  a  district  be  dissolved,  it  shall  continue  to  exist  in  law,  for 


EDUCATION    LAW  43 

the  purpose  of  providing  for  and  paying  all  its  just  debts;  and  to 
that  end  the  trustees  and  other  officers  shall  continue  in  office,  and 
the  inhabitants  may  hold  special  meetings,  elect  officers  to  supply 
vacancies  and  vote  taxes ;  and  all  other  acts  necessary  to  raise  money 
and  pay  such  debts  shall  be  done  by  the  inhabitants  and  officers  of 
the  district. 

§  136  Deposit  of  records  of  dissolved  district.  1  The  school 
commissioner,  or  a  majority  of  such  commissioners  in  whose  dis- 
tricts a  dissolved  school  district  was  situated,  shall  by  written  order 
delivered  to  the  clerk  of  the  district,  or  to  any  person  in  whose 
possession  the  books,  papers  and  records  of  the  district,  or  any  of 
them,  may  be,  direct  such  clerk  or  other  person  to  deposit  the  same 
in  the  clerk's  office  in  the  town  named  in  the  order. 

2  Such  clerk  or  other  person,  by  neglect  or  refusal  to  obey  the 
order,  shall  forfeit  fifty  dollars,  to  be  appHed  to  the  benefit  of  the 
common  schools  of  said^own. 

§  137  Property  of  districts  consolidated.  When  two  or  more 
districts  shall  be  consolidated  into  one,  the  new  district  shall  succeed 
to  all  the  rights  of  property  possessed  by  the  annulled  districts. 

§  138  Sale  of  property  of  dissolved  district  and  disposition  of 
proceeds.  1  When  a  district  is  divided  into  portions,  which  are 
annexed  to  other  districts,  its  property  shall  be  sold  by  the  super- 
visor of  the  town,  within  which  its  schoolhouse  is  situated,  at  public 
auction,  after  at  least  five  days'  notice. 

2  Such  notice  shall  be  given  by  posting  the  same  in  three  or 
more  public  places  of  the  town  in  which  the  schoolhouse  is  situated 
and  in  one  conspicuous  place  in  the  district  so  dissolved. 

3  The  supervisor,  after  deducting  the  expenses  of  the  sale,  shall 
apply  its  proceeds  to  the  payment  of  the  debts  of  the  district,  and 
apportion  the  residue,  if  any,  among  the  owners  or  possessors  of 
taxable  property  in  the  district,  in  the  ratio  of  their  several  assess- 
ments on  the  last  corrected  assessment-roll  of  the  towns,  and  pay 
it  over  accordingly. 

§  139  Collection  and  distribution  of  moneys  due  dissolved 
district.  The  supervisor  of  the  town  within  which  the  school- 
house  of  the  dissolved  district  was  situated  may  demand,  sue  for 
and  collect,  in  his  name  of  office,  any  money  of  the  district  out- 
standing in  the  hands  of  any  of  its  former  officers,  or  any  other 
person;  and,  after  deducting  his  costs  and  expenses,  shall  report 
the  balance  to  the  school  commissioner  who  shall  apportion  the  same 
equitably  among  the  districts  to  which  the  parts  of  the  dissolved 


44  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

district  were  annexed,  to  be  by  them  applied  as  their  district  meeting 
shall  determine. 

§  140  Fees  of  supervisor  and  town  clerk.  The  supervisor 
and  town  clerk  shall  be  entitled  each,  to  one  dollar  and  fifty  cents 
a  day,  for  each  day's  service  in  any  proceeding  under  section  one 
hundred  twenty-five  of  this  article,  to  be  levied  and  paid  as  a  charge 
upon  their  town. 

§  141  Notice  of  meeting  for  establishment  of  union  free  school 
district.  1  Whenever  fifteen  persons  entitled  to  vote  at  any 
meeting  of  the  inhabitants  of  any  school  district  in  the  State,  shall 
sign  a  request  for  a  meeting,  to  be  held  for  the  purpose  of  deter- 
mining whether  a  union  free  school  shall  be  established  therein  in 
conformity  with  the  provisions  of  this  article,  it  shall  be  the  duty  of 
the  trustees  of  such  district,  within  ten  days  after  such  request 
shall  have  been  presented  to  them,  to  give  public  notice  that  a  meet- 
ing of  the  inhabitants  of  such  district  entitled  to  vote  thereat  will 
be  held  for  such  purpose  as  aforesaid,  at  the  schoolhouse,  or  other 
more  suitable  place  in  such  district,  on  a  day  and  at  an  hour  to  be 
specified  in  such  notice  not  less  than  twenty  nor  more  than  thirty 
days  after  the  publication  of  such  notice. 

2  If  the  trustees  shall  refuse  to  give  such  notice,  or  shall  neglect 
to  give  the  same  for  twenty  days,  the  Commissioner  of  Education 
may  authorize  and  direct  any  inhabitant  of  such  district  to  give  the 
same. 

§  142  Posting,  publication  and  service  of  notice.  1  When- 
ever such  district  shall  correspond  wholly  or  in  part  with  an  incor- 
porated village,  in  which  there  shall  be  published  a  daily  or  weekly 
newspaper,  the  notice  required  in  section  141  shall  be  given  by 
posting  the  same  in  five  conspicuous  places  in  said  district,  at  least 
twenty  days  prior  to  such  meeting,  and  by  causing  the  same  to  be 
published  once  a  week  for  three  consecutive  weeks  before  such 
meeting,  in  all  newspapers  published  in  said  district. 

2  In  other  districts  the  said  notice  shall  be  given  by  posting  the 
same  as  aforesaid,  and  in  addition  thereto,  the  trustees  of  such 
district  shall  authorize  and  require  any  taxable  inhabitant  thereof 
to  notify  every  other  qualified  voter  in  such  district  of  such  meeting 
by  delivering  to  him  a  copy  of  such  notice  or  in  case  of  his  absence 
from  home,  by  leaving  a  copy  thereof,  or  so  much  thereof  as  relates 
to  the  time,  place  and  object  of  the  meeting,  at  the  place  of  his. 
abode  at  least  twenty  days  prior  to  the  time  of  such  meeting. 

§  143  Notice  in  case  of  adjoining  districts.  1  Whenever 
fifteen  persons,  entitled  as  aforesaid,   from  each  of   two  or  more 


EDUCATION    LAW  45 

adjoining  districts,  shall  unite  in  a  request  for  a  meeting  of  the 
inhabitants  of  such  districts,  to  determine  whether  such  districts 
shall  be  consolidated  by  the  establishment  of  a  union  free  school 
therein,  it  shall  be  the  duty  of  the  trustees  of  such  districts,  or  a 
majority  of  them,  to  give  public  notice  of  such  meeting,  at  some 
convenient  place  within  such  districts,  and  as  central  as  may  be, 
within  the  time  and  to  be  published  and  served  in  the  manner  set 
forth  in  sections  141  and  142  of  this  article,  in  each  of  such  districts. 

2  The  commissioner  of  Education  may  order  such  meeting  under 
the  conditions  and  in  the  manner  prescribed  in  section  141  of  this 
article. 

§  144  Expense  of  notice.  The  reasonable  expense  of  the 
publication  and  service  of  such  notice,  shall  be  chargeable  upon 
the  district,  in  case  a  union  free  school  is  established  by  the  meeting 
so  convened,  to  be  levied  and  collected  by  the  trustees,  as  in  case 
of  taxes  now  levied  for  school  purposes;  but  in  the  event  that  such 
union  free  school  shall  not  be  established,  then  the  said  expense  shall 
be  chargeable  upon  the  inhabitants  signing  the  request,  jointly  and 
severally,  to  be  sued  for,  if  necessary,  in  any  court  having  juris- 
diction of  the  same. 

§  145  Proceedings  at  meeting  and  effect  of  affirmative  vote. 
1  Any  such  meeting  held  pursuant  to  the  foregoing  provisions  shall 
be  organized  by  the  election  of  a  chairman  and  clerk  and  may  be 
adjourned  from  time  to  time,  by  a  majority  vote,  provided  that  such 
adjournment  shall  not  be  for  a  longer  period  than  ten  days;  and 
whenever  at  any  such  meeting  duly  called  and  held  under  the  pro- 
visions of  sections  141  and  142  of  this  article,  at  least  fifteen  quali- 
fied voters  of  the  districts  shall  be  present;  or  at  such  meeting  duly 
called  and  held  under  the  provisions  of  section  143  of  this  article, 
at  least  fifteen  qualified  voters  of  each  of  the  two  or  more  adjoin- 
ing districts,  joining  in  the  request,  shall  be  present,  such  meeting 
may,  by  the  affirmative  vote  of  a  majority  present  and  voting, 
adopt  a  resolution  to  establish  a  union  free  school  in  said  district, 
or  to  consolidate  the  two  or  more  adjoining  districts  by  establishing 
a  union  free  school  in  said  districts  pursuant  to  the  notice  of  said 
meeting.  If  said  meeting  shall  determine  to  establish  a  union  free 
school  in  said  districts  as  aforesaid,  it  shall  be  lawful  for  such 
meeting  thereafter  to  proceed  to  the  election  of  a  board  of  education . 
as  provided  in  sections  301  and  302  of  this  chapter. 

2  The  school  commissioner  in  whose  district  the  union  free  school 
district  is  thus  organized  shall  designate  such  district  as  union  free 
school  district  number    ....    of  the  town  of    and  the 


46  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

said  board  shall  have  the  name  and  style  of  the  board  of  education 
of   (adding  the  designation  aforesaid). 

3  Copies  of  said  request,  notice  of  meeting,  order  of  the  Com- 
missioner of  Education  directing  some  inhabitant  to  call  said  meet- 
ing, if  any,  and  minutes  of  said  meeting,  duly  certified  by  the  chair- 
man and  clerk  thereof,  shall  be  transmitted  and  deposited,  immedi- 
ately after  such  meeting  by  one  of  such  officers,  one  to  and  with 
the  town  clerk,  one  to  and  with  the  school  commissioner  in  whose 
jurisdiction  said  districts  are  located,  and  one  to  and  with  the  Com- 
missioner of  Education. 

4  If  at  any  such  meeting,  the  question  as  to  the  establishment 
of  a  union  free  school  shall  not  be  decided  in  the  affirmative,  as 
aforesaid,  then  all  further  proceedings  at  such  meeting,  except  a 
motion  to  reconsider  or  adjourn,  shall  be  dispensed  with,  and  no 
such  meeting  shall  be  again  called  within  one  year  thereafter. 

5  When  any  such  meeting  shall  have  established  a  union  free 
school  in  said  districts,  such  union  free  school  district  shall  not  be 
dissolved  within  the  period  of  one  year  from  the  first  Tuesday  of 
August  next  after  such  meeting. 

§  146  Meeting  to  determine  regarding  reorganization  as  com- 
mon school  district.  In  any  union  free  school  district  estab- 
lished under  the  laws  of  this  State,  and  which  shall  have  been  estab- 
lished for  the  period  of  one  year  or  more,  it  shall  be  the  duty  of 
the  board  of  education,  upon  the  application  of  fifteen  resident  tax- 
payers of  such  district,  to  call  a  special  meeting  in  the  manner  pre- 
scribed by  law,  for  the  purpose  of  determining  whether  application 
shall  be  made  in  the  manner  hereinafter  provided,  for  the  dissolution 
of  such  union  free  school  district,  and  for  its  reorganization  as  one 
or  more  common  school  districts. 

§  147  Result  of  vote  for  or  against  reorganization.  1  When- 
ever, at  any  such  meeting  called  and  held  as  aforesaid,  it  shall  be 
determined  by  a  majority  vote  of  the  legal  voters  present  and 
voting,  to  be  ascertained  by  taking  and  recording  the  ayes  and  noes, 
not  to  dissolve  such  union  free  school  district,  no  other  meeting  for 
a  similar  purpose  shall  be  held  in  said  district  within  three  years 
from  the  time  the  first  meeting  was  held. 

2  Whenever  at  any  such  meeting  called  and  held  as  aforesaid 
it  shall  be  determined  by  a  two-thirds  vote  of  the  legal  voters 
present  and  voting,  to  be  ascertained  by  taking  and  recording  the 
ayes  and  noes,  to  dissolve  such  union  free  school  district,  it  shall  be 
the  duty  of  the  board  of  education  to  present  to  the  school  com- 
missioner of   the  commissioner   district  in  which  said  union   free 


EDUCATION    LAW  47 

school  is  situated,  a  certified  copy  of  the  call,  notice  and  proceedings. 
If  such  school  commissioner  shall  approve  the  proceedings  of  said 
meeting,  he  shall  certify  the  same  to  the  board  of  education.  Such 
approval  shall  not  take  effect  until  the  day  preceding  the  first  Tues- 
day of  August  next  succeeding;  but  after  that  date  such  district 
shall  cease  to  be  a  union  free  school  district. 

§  148  Reversion  to  form  of  original  school  districts.      If  any 

union  free  school  district  dissolved  under  the  foregoing  provisions 
shall  have  been  established  by  the  consolidation  of  two  or  more 
districts,  it  shall  be  lawful  for  such  school  commissioner  to  order 
that  its  territory  be  divided  into  two  or  more  districts,  to  correspond, 
so  far  as  practicable,  with  the  districts  theretofore  consolidated. 

§  149  School  commissioner  may  require  equality  of  partition. 
Such  school  commissioner  may  make  his  approval  of  the  proceed- 
ings of  any  such  meeting  held  as  aforesaid  conditional  upon  the 
payment,  by  the  district  which  has  been  most  greatly  benefited  by 
the  consolidation  in  the  way  of  buildings  and  other  improvements 
to  the  other  districts  into  which  the  said  union  free  school  district 
is  divided,  of  such  sum  of  money  as  he  may  deem  equitable. 

§  150  Effect  of  veto  by  school  commissioner  regarding  subse- 
quent meeting.  If  such  school  commissioner  shall  not  approve 
the  proceedings  of  any  such  meeting,  held  as  aforesaid,  for  the 
purpose  of  dissolving  a  union  free  school  district,  no  other  meeting 
shall  be  held  in  such  district,  for  a  similar  purpose,  within  three 
years  from  the  time  the  first  meeting  was  held. 

§  151  Report  of  proceedings  to  Commissioner  of  Education. 

Whenever  the  proceedings  of  a  meeting,  held  as  aforesaid,  for  the 
purpose  of  dissolving  a  union  free  school  district,  shall  have  been 
approved  by  such  school  commissioner  and  shall  have  been  certified 
by  him  to  the  board  of  education,  it  shall  be  the  duty  of  the  board 
of  education  of  the  district  affected  forthwith  to  file  with  the  Com- 
missioner of  Education,  copies  of  the  call,  notice,  proceedings  of 
the  meeting,  and  the  action  taken  by  such  school  commissioner 
thereon.    , 

§  152  Distribution  of  moneys  on  dissolution.  All  moneys 
remaining  in  the  hands  of  the  treasurer  of  the  union  free  school 
district  when  the  order  of  dissolution  shall  take  effect  shall  be 
apportioned  equitably  among  the  several  districts  into  which  such 
union  free  school  district  is  divided,  and  shall  be  paid  over  to  the 
collectors  or  treasurers  of  such  districts  when  they  shall  have  been 
elected  and  have  qualified  according  to  law. 


48  TPIE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

§  153  School  property  exempt  from  taxation.  The  grounds, 
buildings,  furniture,  .books,  apparatus  and  all  other  property  of  a 
school  district  shall  not  be  subject  to  taxation  for  any  purpose. 

§  154  Application  of  funds  obtained  from  sale  of  school 
property.  All  moneys  obtained  from  the  sale  of  any  school 
property  authorized  under  the  provisions  of  this  chapter  shall  be 
applied  for  the  benefit  of  the  district  as  directed  by  the  voters  thereof 
in  any  annual  or  special  meeting. 


ARTICLE  6 

School  Neighborhoods 

Section  170  Setting  off  school  neighborhoods 

171  Neighborhood  meetings 

172  Duties  of  neighborhood  clerk  and  trustee 

§  170  Setting  off  school  neighborhoods.  Each  school  com- 
missioner in  respect  to  the  territory  within  his  district  shall  have 
power,  with  the  approval  of  the  Commissioner  of  Education,  to  set 
ofit"  by  itself  any  neighborhood  adjoining  any  other  state  of  the  union, 
where  it  shall  be  found  most  convenient  for  the  inhabitants  to  send 
their  children  to  a  school  in  such  adjoining  state,  and  to  deliver  to 
the  town  clerk  of  the  town  in  which  it  lies,  in  whole  or  in  part,  a 
description  of  each  such  separate  neighborhood.  He  shall  also  pre- 
pare a  notice,  describing  such  neighborhood,  and  appointing  a  time 
and  place  for  the  first  neighborhood  meeting,  and  deliver  such  notice 
to  a  taxable  inhabitant  of  such  neighborhood.  It  shall  be  the  duty  of 
such  inhabitant  to  notify  every  other  inhabitant  of  the  neighborhood, 
qualified  to  vote  at  the  meeting,  by  reading  the  notice  in  his  hearing, 
or,  in  case  of  his  absence  from  home,  by  leaving  a  copy  thereof,  or 
so  much  thereof  as  relates  to  the  time,  place  and  object  of  the  meet- 
ing, at  the  place  of  his  abode,  at  least  six  days  before  the  time  of  the 
meeting.  In  case  such  meeting  shall  not  be  held,  and  in  the  opinion 
of  the  school  commissioner  it  shall  be  necessary  to  hold  such  meeting 
before  the  time  herein  fixed  for  the  first  annual  meeting,  he  shall 
deliver  another  such  notice  to  a  taxable  inhabitant  of  the  neighbor- 
hood, who  shall  serve  it  as  hereinbefore  provided. 

§  171  Neighborhood  meetings.  The  annual  meeting  of  each 
neighborhood  shall  be  held  on  the  first  Tuesday  of  August  in  each 
year,  at  the  hour  and  place  fixed  by  the  last  previous  neighborhood 
meeting;  or,  if  such  hour  and  place  has  not  been  so  fixed,  then  at 


EDUCATION    LAW  49 

the  hour  and  place  of  such  last  meeting;  or,  if  such  place  be  no 
longer  accessible,  then  at  such  other  place  as  the  trustee,  or,  if  there 
be  no  trustee,  the  clerk,  shall  in  the  notices  designate.  The  proceed- 
ings of  no  neighborhood  meeting,  annual  or  special  shall  be  held 
illegal  for  want  of  a  due  notice  to  all  the  persons  qualified  to  vote 
thereat,  unless  it  shall  appear  that  the  omission  to  give  such  notice 
was  wilful  and  fraudulent.  The  inhabitants  of  any  neighborhood, 
entitled  to  vote,  when  assembled  in  any  annual  meeting  or  any  special 
meeting  called  by  the  commissioner  as  above  provided,  shall  have 
power,  by  a  majority  vote  of  those  present,  to  appoint  a  chairman 
for  the  time  being,  and  to  choose  a  neighborhood  clerk  and  one  trus- 
tee, and  to  fill  vacancies  in  office.  The  provisions  of  article  7  of  this 
chapter,  shall  apply  to  and  govern  such  meeting,  so  far  as  the  same 
can  in  substance  be  applied  to  the  proceedings ;  and  the  provisions  of 
article  8  of  this  chapter  shall  apply  to  and  govern  the  officers  of  such 
neighborhood,  so  far  as  the  same  can  in  substance  be  applied  thereto. 
§  172  Duties  of  neighborhood  clerk  and  trustee.  The  neigh- 
borhood clerk  shall  keep  a  record  of  the  proceedings  of  his  neighbor- 
hood, and  of  the  reports  of  the  trustees,  and  deliver  the  same  to  his 
successor.  In  case  such  neighborhood  shall  be  annexed  to  a  district 
within  this  State  its  records  shall  be  filed  in  the  office  of  the  clerk 
of  such  district.  The  trustee  shall,  between  the  twenty-fifth  day  of 
July  and  the  first  day  of  August  in  every  year,  make  his  annual  report 
to  the  school  commissioner,  and  file  it  in  the  office  of  the  clerk  of  the 
town  of  which  the  neighborhood  is  a  part.  Such  report  shall  specify 
the  whole  amount  of  public  moneys  received  during  the  year  and 
from  what  public  officer,  and  the  manner  in  which  it  was  expended ; 
the  whole  number  of  such  children  as  can  be  included  in  the  district 
trustees'  report  residing  in  the  neighborhood  on  the  thirtieth  day  of 
August  prior  to  the  making  of  such  report;  and  any  other  matters 
which  the  Commissioner  of  Education  may  require. 


ARTICLE  6-A 

(Article  added  by  L.  1913,  ch.  176) 
Temporary  School  Districts 

Section  175  Establishment  of  temporary  school  districts 

176  Organization  of  district;  officers 

177  Maintenance  of  schools;  teachers 

178  Payment  of  expenses;  gifts  and  contributions 

179  Regulations  of  Commissioner  of  Education 


50  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

§  175  Establishment  of  temporary  school  districts.  Tempo- 
rary school  districts  may  be  established  outside  of  cities  and  union 
free  school  districts  and  public  schools  shall  be  maintained  therein 
as  hereinafter  provided.  Such  districts  may  be  established  whenever 
any  considerable  number  of  persons  shall  have  been  congregated  in 
camps  or  other  places  of  temporary  habitation,  who  are  engaged  in 
the  construction  of  public  works  by,  or  under  contract  with,  the 
State,  or  in  the  construction  of  public  works  or  improvements  by 
or  under  contract  with  any  municipality.  Such  temporary  districts 
shall  be  established  by  order  of  the  district  superintendent  of  schools 
of  the  supervisory  district  within  which  such  camps  or  other  places 
of  temporary  habitation  are  located,  subject  to  the  approval  of  the 
Commissioner  of  Education.  Such  order  shall  be  filed  in  the  State 
Education  Department  and  if  the  public  works  or  improvements  are 
being  constructed  by  a  municipality,  a  copy  thereof  shall  be  filed  in 
the  office  of  the  officer  or  board  of  the  city  under  whose  direction 
they  are  being  constructed.  When  so  established  such  districts  shall 
be  entitled  to  share  in  the  apportionment  of  public  money  as  in  the 
case  of  other  school  districts,  except  that  each  district  quota  shall  be 
one  hundred  and  twenty-five  dollars.  The  money  so  apportioned 
shall  be  paid  to  the  treasurer  of  the  district  and  be  applied  in  the 
payment  of  teachers'  salaries.      [Added  by  L.  1913,  ch.  176.] 

§  176  Organization  of  districts;  officers.  Each  of  such  dis- 
tricts shall  have  a  trustee  who  shall  be  appointed  by  the  district  super- 
intendent of  schools,  and  a  district  clerk  and  treasurer  to  be  appointed 
by  the  trustee.  Each  of  such  officers  shall  serve  during  the  continu- 
ance of  the  camp  or  other  place  of  temporary  habitation,  unless 
sooner  removed  by  the  district  superintendent.  The  treasurer  shall 
give  a  bond  to  the  people  of  the  State,  in  an  amount  to  be  determined 
by  the  district  superintendent,  and  with  sureties  approved  by  him, 
conditioned  for  the  proper  disbursement  and  accounting  of  all 
moneys  received  by  him  in  behalf  of  such  district.  [Added  by  L. 
1913,  ch.  176.] 

§  177  Maintenance  of  schools;  teachers.  Such  schools  shall 
be  under  the  supervision  of  the  district  superintendent  and  shall  be 
maintained  pursuant  to  regulations  adopted  by  the  Commissioner  of 
Education.  They  shall  be  free  to  all  children  of  school  age  residing 
in  such  camps  and  other  places  of  temporary  habitation,  and  also  to 
all  adults  residing  therein.  They  shall  be  open  at  such  hours  as  may 
be  prescribed  by  the  district  superintendent,  subject  to  the  approval 
of  the  Commissioner  of  Education.  The  trustee  of  each  such  dis- 
trict shall  employ  qualified  teachers  for  the  school  therein,  for  such 


EDUCATION    LAW  51 

term  and  at  such  rate  of  compensation  as  may  be  determined  upon 
by  the  district  superintendent  with  the  approval  of  the  Commissioner 
of  Education.  The  said  trustees  shall  provide  suitable  building  or 
rooms  for  such  school  and  shall  require  the  same  to  be  kept  in  proper 
condition  for  the  maintenance  thereof,  and  shall  cause  the  same  to 
be  equipped  and  supplied  with  all  necessary  books,  furniture, 
apparatus  and  appliances.      [Added  by  L.  1913,  ch.  176.] 

§  178  Payment  of  expenses;  gifts  and  contributions.  The 
costs  and  expenses  of  maintaining  such  schools  in  temporary  districts, 
exclusive  of  the  amount  apportioned  thereto  out  of  the  public  moneys, 
shall  be  paid  in  such  districts  where  the  public  works  are  being  con- 
structed by  the  State,  out  of  moneys  appropriated  for  such  purpose. 
In  districts  where  public  works  or  improvements  are  being  constructed 
for  a  municipality,  such  costs  and  expenses  shall  be  a  charge  upon 
such  municipality,  and  shall  be  paid  out  of  funds  available  for  the 
payment  of  the  costs  of  construction  of  such  works  or  improvements. 

The  trustees  of  such  district  shall  prepare  an  estimate  of  the 
amount  of  probable  expenditures  for  the  maintenance  of  the  public 
schools  in  such  district,  which  shall  include  a  statement  of  the 
amount  in  the  hands  of  the  treasurer  available  for  such  maintenance, 
the  amount  received  by  such  treasurer  from  gifts,  contributions  and 
other  sources,  and  the  amount  to  be  received  from  the  public  school 
moneys,  as  herein  provided,  and  shall  also  state  the  amount  required 
to  be  raised  for  such  school,  specifying  the  items  thereof,  for  the 
ensuing  school  year.  The  form  of  such  estimate  shall  be  prescribed 
by  the  district  superintendent.  In  the  districts  where  the  public 
works  are  being  constructed  by  a  municipality  the  said  estimate  shall 
be  executed  in  duplicate,  one  of  which  shall  be  filed  with  the  State 
Education  Department,  and  the  other  shall  be  filed  in  the  office  of 
the  department  or  officer  of  the  municipality  under  whose  super- 
vision such  public  works  are  being  constructed.  Upon  the  approval 
of  such  estimates  by  the  State  Education  Department,  notice  thereof 
shall  be  given  to  the  said  department  or  officer  of  the  municipality, 
and  payment  of  the  amount  specified  in  such  estimate  shall  be  made 
to  the  treasurer  of  such  district.  The  treasurer  shall  preserve 
vouchers  of  all  payments  made  by  him  on  account  of  the  school  in 
his  district  and  shall  make  no  payments  for  purposes  not  provided 
for  in  the  estimate,  nor  without  the  order  of  the  trustee  of  the  dis- 
trict accompanied  with  the  necessary  vouchers.  [Added  by  L.  1913, 
ch.  176.] 

§  179  Regulations  of  Commissioner  of  Education.  The  Com- 
missioner  of    Education    shall    make    regulations,    not    inconsistent 


52  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

herewith,  for  the  purpose  of  providing  for  the  estabhshment  and 
maintenance  of  schools  as  herein  provided,  and  for  the  purpose  of 
carrying  into  effect  the  full  extent  of  this  article.  [Added  by  L, 
1913,  ch.  176.] 

ARTICLE  6-B 

{Article  added  by  L.  1914,  ch.  55) 
Central  Rural  Schools 

Section  180  Formation  of  districts 

181  Notice  of  meeting  and  expense  of  notice 

182  Trustees  at  meeting 

183  Powers  and  duties  of  boards  of  education 

184  Powers  and  limitations  of  districts 

185  State  aid 

186  Transportation  of  scholars 

§  180  Formation  of  districts.  The  Commissioner  of  Educa- 
tion is  hereby  authorized  and  empowered  to  lay  out  in  this  State  in 
any  territory  exclusive  of  a  city  school  districts  conveniently  located 
for  the  attendance  of  scholars  and  of  suitable  size  for  the  establish- 
ment of  central  schools  to  give  instruction  usually  given  in  the  com- 
mon schools  and  in  high  schools,  including  instruction  in  agriculture. 
[Added  by  L.  1914,  ch.  55.] 

§  181  Notice  of  meeting  and  expense  of  notice.  Whenever 
fifteen  persons  who  are  residents  and  taxable  inhabitants  in  any 
such  district  shall  unite  in  a  request  for  a  meeting  of  the  inhabitants 
of  such  district  to  determine  whether  such  school  shall  be  estab- 
lished, and  file  the  same  in  writing  with  the  town  clerk  of  the  town 
in  which  such  district  is  located,  or  if  located  in  more  than  one  town, 
with  the  town  clerk  of  each  town  in  which  any  part  of  such  district 
is,  it  shall  be  the  duty  of  each  town  clerk  with  whom  such  notice  is 
filed  to  post  a  notice  of  such  meeting,  not  less  than  five  or  more  than 
ten  days  after  the  same  is  filed  in  his  ofhce,  in  three  conspicuous 
places  in  the  district  if  the  whole  thereof  be  in  his  town.  If  the 
district  be  located  in  more  than  one  town  the  notice  shall  be  prepared 
by  the  clerk  of  the  town  containing  the  largest  portion  of  the  terri- 
tory of  the  district  and  furnished  by  him  to  the  other  town  clerk  or 
clerks  for  posting.  If  a  weekly  or  daily  newspaper  be  published 
within  such  school  district  the  notice  shall  be  published  therein  by 
the  clerk  preparing  the  notice,  at  least  three  days  before  the  meeting. 
All  reasonable  expense  of  the  publication  and  service  of  such  notice 


EDUCATION    LAW  .  53 

shall  be  a  town  charge  upon  the  town  or  towns  in  which  the  said 
district,  or  a  part  thereof,  is  located,  unless  the  district  decides  to 
establish  a  central  school  under  this  act,  in  which  case  such  expense 
shall  be  a  charge  upon  the  district.      [Added  by  L.  1914,  ch.  55.\ 

§  182  Trustees  at  meeting.  1  Any  such  meeting  held  pur- 
suant to  such  notice  shall  be  organized  by  the  election  of  a  chairman 
and  clerk,  and  may  be  adjourned  from  time  to  time  by  a  majority 
vote,  provided  that  such  adjournment  shall  not  be  for  a  longer  period 
than  ten  days ;  and  whenever  at  any  such  meeting  duly  called  and 
held  under  the  provisions  of  this  act  fifteen  qualified  voters  of  the 
district  shall  be  present,  such  meeting  may,  by  an  affirmative  vote 
of  a  majority  present  and  voting,  adopt  a  resolution  to  establish  a 
central  school  in  said  district.  If  said  meeting  shall  determine  to 
establish  such  school  in  said  district,  it  shall  be  lawful  for  said 
meeting  thereafter  to  proceed  to  the  election  by  ballot  of  a  board  of 
education  of  not  less  than  three  npr  more  than  seven  trustees  who 
shall,  by  the  order  of  said  meeting,  be  divided  into  three  classes,  as 
nearly  equal  as  may  be,  the  first  to  hold  until  one,  the  second  until 
two,  and  the  third  until  three  years  from  the  first  Tuesday  in  August 
next  following.  Thereafter  there  shall  be  elected  in  such  districts 
at  the  annual  meeting  trustees  to  supply  the  places  of  those  whose 
terms  of  office  by  the  classification  aforesaid  expire.  The  trustees 
thus  elected  shall  enter  at  once  upon  their  offices.  The  said  trustees 
and  their  successors  in  office  shall  constitute  the  board  of  education 
of  such  district. 

2  The   Commissioner   of   Education   shall   designate   the   disfrict 

thus  organized  as  central  school  district  number   

of  the  town  or  towns  of and  the  said  board  shall 

have  the  name  and  style  of  "  the  board  of  education  of  (adding  the 
designation  aforesaid)." 

3  Copies  of  said  requests,  notice  of  meeting  and  minutes  of  said 
meeting  duly  certified  by  the  chairman  and  clerk  thereof  shall  be 
transcribed  and  deposit  made  after  such  meeting  by  one  of  said 
officers,  one  to  and  with  the"  town  clerk  of  each  town  in  which  any 
part  of  said  district  is  located,  one  to  and  with  the  school  superin- 
tendent in  whose  jurisdiction  the  district  or  any  part  thereof  is 
located,  and  one  to  and  with  the  Commissioner  of  Education. 

4  If  at  any  such  meeting  the  question  as  to  the  establishment  of 
a  central  school  shall  not  be  decided  in  the  affirmative  as  aforesaid, 
then  all  further  proceedings  at  such  meeting,  except  a  motion  to 
reconsider  the  question,  shall  be  dispensed  with,  and  no  such  meeting 
shall  be  again  called  within  one  year  thereafter. 


54  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

5  If  any  town  clerk  fail  to  perform  any  duty  devolving  upon  him 
under  this  act  the  same  may  be  performed  by  the  Commissioner  of 
Education.      [Added  by  L.  1914,  ch.  55.] 

§  183  Powers  and  duties  of  boards  of  education.  Boards  of 
education  in  any  such  district  shall  have  the  same  powers  and  duties 
as  boards  of  education  in  union  free  school  districts  as  prescribed 
by  this  act.  Nothing  in  this  act  shall  be  construed  to  deprive  any 
existing  school  district  of  the  property  belonging  to  such  district, 
or  to  affect  the  indebtedness  of  said  district.  [Added  by  L.  1914, 
ch.  55.] 

§  184  Powers  and  limitations  of  district.  Any  central  district 
thus  established  shall  have  the  same  powers  and  be  subject  to  the 
same  limitations  that  are  now  conferred  or  imposed  by  law  upon 
union  free  school  districts  as  provided  by  this  act.  [Added  by  L. 
1914,  ch.  55.] 

§  185  State  aid.  Any  district  organized  under  the  provisions 
of  this  act  shall  from  the  time  of  its  organization  receive  from  the 
State  the  amount  of  money  on  the  basis  of  attendance  paid  to  the 
common  school  districts  included  therein  during  the  year  preceding 
its  organization,  at  the  rate  that  the  said  districts  were  then  entitled 
to  receive  moneys  pursuant  to  law.  If  a  common  school  district  be 
divided  in  the  formation  of  a  central  district  the  moneys  of  such 
common  school  district  shall  be  apportioned  by  the  Commissioner  of 
Education,  and  the  share  thereof  apportioned  to  that  part  of  the 
common  school  district  included  in  the  central  district  shall  be  paid 
to  the  central  district.  Whenever  any  such  district  shall  comply 
with  the  requirements  of  section  604  of  the  Education  Law  in  rela- 
tion to  the  establishment  of  general  schools  of  agriculture  and  home 
making,  the  Commissioner  of  Education  shall  make  the  same  annual 
apportionment  of  state  school  moneys  to  such  central  school  as  is 
now  required  to  be  made  by  law  to  a  high  school  or  union  free  school 
district  complying  therewith.  Any  such  central  district  shall  also 
receive  all  other  allowances  of  public  moneys  apportioned  by  the 
State  which  it  would  be  entitled  to  receive  if  it  were  a  union  free 
school  district.      [Added  by  L.  1914,  ch.  55.] 

§  186  Transportation  of  scholars.  The  Commissioner  of 
Education  shall  have  power  in  any  such  central  district  to  require 
the  payment  by  the  district  of  such  expense  of  transportation  of 
school  children  to  and  from  the  school  as  in  his  judgment  justice 
requires,  and  the  same  shall  be  a  charge  upon  the  district.  [Added 
by  L.  1914,  ch.  55.] 


EDUCATION    LAW  55 

ARTICLE  6-C 

(Art.  6-C,  added  by  L.  1917,  ch.  137,  in  effect  April  5,  1917) 
Central  High  School  Districts 

Section  187     Formation  of  central  high  school  district 

188  Request  for  meeting  to  vote  on  establishment  of  district;  notice 

of  meeting 

189  Expense  of  notice 
189-a  Conduct  of  meeting 

189-&  Proceedings   to  be   submitted   to    Commissioner   of    Education; 

order  establishing  district 
189-c  Number  and  election  of  members  of  board  of  education 
189-d  Location  of  high  school  site 
189-^  Acquisition  of  site  and  erection  of  building 
189-/    Issue  and  sale  of  bonds 

189-5r  Powers  of  board  of  education ;  laws  applicable 
189-/^  District  meetings;  vote  upon  school  taxes 
189-i   Apportionment  of  expenses 

189-;    District  treasurer;  custody  and  disbursement  of  funds 
189-^  State  aid 
189-/    Transportation  of  pupils 

§  187  Formation  of  central  high  school  district.  Two  or  more 
adjoining  school  districts  may  be  formed  into  a  central  high  school 
district  in  the  manner  provided  in  this  article,  for  the  purpose  of 
erecting,  establishing  and  maintaining  therein  a  high  school  for  the 
secondary  education  of  the  pupils  residing  in  such  district  who  have 
completed  the  work  of  the  elementary  grades  in  the  several  school 
districts  included  in  such  central  high  school  district.  [Added  by 
L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  188  Request  for  meeting  to  vote  on  establishment  of  dis- 
trict; notice  of  meeting.  1  Whenever  fifteen  qualified  electors 
of  each  of  the  districts  proposing  to  establish  such  central  high  school 
district  shall  sign  a  request  in  writing  for  a  meeting  of  the  qualified 
electors  of  such  districts,  to -be  held  for  the  purpose  of  determining 
whether  a  central  high  school  district  be  established  in  conformity 
with  the  provisions  of  this  article,  it  shall  be  the  duty  of  the  board 
of  education  of  each  union  free  school  district  and  of  the  trustees 
of  each  common  school  district  to  give  public  notice  that  a  meeting 
of  the  qualified  electors  of  such  districts  will  be  held  at  a  time  and 
place  to  be  specified  therein.  Such  place  shall  be  conveniently  accessi- 
ble to  the  qualified  electors  of  such  districts  and  the  notice  shall 
specify  the  day  and  hours  of  the  meeting,  which  shall  be  not  less 


56  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

than  twenty  nor  more  than  thirty  days  after  the  publication  of  such 
notice.  If  the  board  of  education  and  trustees  of  such  districts 
refuse  or  fail  to  give  such  notice  within  twenty  days  after  such 
request  shall  have  been  presented  to  them,  the  Commissioner  of 
Education  may  by  order  authorize  and  direct  an  inhabitant  of  any 
such  districts  to  give  such  notice. 

2  Such  notice  shall  be  published  once  a  week  for  three  consecu^ 
tive  weeks  before  the  meeting  in  all  the  newspapers  published  in  any 
of  the  districts  proposed  to  be  established  as  a  central  high  school 
district.  In  addition  to  such  publication,  such  notice  shall  be  posted 
in  five  conspicuous  places  in  each  of  such  districts  at  least  twenty 
days  prior  to  the  meeting.  If  there  are  no  newspapers  published 
in  any  of  such  districts,  such  notice  shall  be  posted  in  at  least  ten 
conspicuous  places  in  each  of  such  districts  at  least  twenty  days  prior 
to  the  day  of  the  meeting.  [Added  by  L.  1917,  ch.  127,  in  effect 
April  5,  1917.] 

§  189  Expense  of  notice.  The  reasonable  expense  of  the 
publication  and  service  of  such  notice,  together  with  the  expenses 
actually  incurred  in  the  holding  of  such  meeting,  shall  be  chargeable 
against  the  central  high  school  district,  if  it  be  established,  and  shall 
be  levied  and  collected  by  the  board  of  education  of  such  district, 
in  the  same  manner  as  are  other  expenses  chargeable  against  such 
district  for  the  establishment  and  maintenance  of  a  high  school 
therein.  In  the  event  that  such  central  high  school  district  is  not 
established,  such  expenses  shall  be  chargeable  upon  the  qualified 
electors  signing  the  request,  jointly  and  severally,  to  be  sued  for  if 
necessary  in  any  court  having  jurisdiction  of  the  same.  [Added  by 
L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-a  Conduct  of  meeting.  Such  meeting  shall  be  organized 
by  the  election  of  a  chairman  and  a  clerk,  and  may  be  adjourned 
from  time  to  time  by  a  majority  vote,  provided  that  such  adjourn- 
ment shall  not  be  for  a  longer  period  than  ten  days.  If  there  are 
at  least  fifteen  qualified  electors  present  from  each  of  the  districts 
proposing  to  establish  such  central  high  school  district,  such  meeting 
may  by  the  affirmative  vote  of  a  majority  of  those  present  and  voting 
from  each  of  such  districts  adopt  a  resolution  to  establish  a  central 
high  school  district  comprising  the  districts  voting  in  favor  thereof. 
If  when  such  resolution  is  presented  a  majority  of  the  qualified 
electors  present  from  one  or  more  of  such  districts  is  opposed  to  the 
establishment  of  such  central  high  school  district,  and  a  majority  of 
the  qualified  electors  present  and  voting  from  each  of  the  other 
districts  is  in  favor  of  such  resolution,  the  qualified  electors  present 


EDUCATION    LAW  57 

and  voting  from  the  districts  in  favor  of  the  estabhshment  of  such 
district  may  adopt  a  resolution  for  the  estabhshment  of  a  central 
high  school  district  comprising  the  districts  voting  in  favor  of  such 
resolution. 

The  resolutions  so  submitted  shall  be  voted  upon  by  taking  and 
recording  the  ayes  and  noes.  The  clerk  of  the  board  shall  keep  a 
poll  list  containing  the  names  of  the  qualified  electors  present  from 
each  of  the  districts  and  indicating  how  each  of  such  electors  voted 
upon  such  resolutions.  [Added  by  L.  1917,  ch.  137,  in  effect 
April  5,  1917.] 

§  189-b  Proceedings  to  be  submitted  to  Commissioner  o£ 
Education ;  order  establishing  district.  A  copy  of  the  request  of 
the  qualified  electors  for  the  meeting  to  establish  such  central  high 
school  district,  the  notice  of  the  meeting  and  the  minutes  of  the 
proceedings  thereof,  including  the  resolutions  adopted  by  the  elec- 
tors present  thereat,  shall  be  certified  by  the  chairman  and  clerk  of 
the  meeting  and  shall  be  submitted  to  the  Commissioner  of  Educa- 
tion. The  Commissioner  shall,  upon  such  notice  and  after  such 
hearing  as  he  may  deem  proper,  consider  the  papers  submitted  to 
him  in  respect  to  the  establishment  of  such  district  and  ascertain 
as  to  the  advisability  of  establishing  such  district.  If  he  deems  it 
for  the  educational  interests  of  the  districts  aflfected  that  such  central 
high  school  district  shall  be  established,  he  shall  issue  an  order 
under  the  seal  of  the  Department,  directing  that  the  said  districts 
be  established  as  a  central  high  school  district.  The  original  order 
shall  be  filed  in  the  ofiice  of  the  Commissioner,  and  copies  thereof 
shall  be  filed  in  the  offices  of  the  district  clerks  of  the  districts 
comprising  such  central  high  school  district,  and  also  in  the  offices 
of  the  town  clerks  of  the  town  in  which  such  districts  or  any  parts 
thereof  are  situated.  Such  district  shall  be  established  as  a  central 
high  school  district  upon  the  execution  of  such  order.  [Added  by 
L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-c  Number  and  election  of  members  of  board  of  educa- 
tion. The  order  of  the  Commissioner  of  Education  establishing 
such  central  high  school  district  shall  specify  the  number  of  mem- 
bers to  constitute  the  board  of  education  of  such  district  and  the 
number  of  members  representing  each  of  the  districts  included  in 
such  district.  The  number  of  such  members  shall  be  not  less  than 
five.  There  shall  be  at  least  one  member  of  such  board  from  each 
common  school  district  and  at  least  two  from  each  union  free  school 
district.  The  board  of  education  of  each  union  free  school  district 
in  such  central   high  school  district   shall  appoint  the   number   of 


58  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

persons  so  designated  by  the  Commissioner  to  represent  such  dis- 
trict as  members  of  the  board  of  education  thereof.  In  each  com- 
mon school  district  having  a  sole  trustee,  such  trustee  shall  represent 
such  district  as  a  member  of  the  board  of  education  of  such  central 
high  school  district.  If  a  common  school  district  have  three  trus- 
tees, such  board  of  trustees  shall  designate  one  of  its  members  to 
represent  such  district  as  a  member  of  such  board  of  education. 
The  persons  so  designated  shall  be  members  of  the  board  of  edu- 
cation of  the  central  high  school  district  during  their  terms  of 
office  as  members  of  the  board  of  education  or  as  trustees  of  the 
districts  respectively  represented  by  them.  Whenever  a  vacancy 
shall  occur  in  the  office  of  a  member  of  the  board  of  education  of 
such  central  high  school  district,  it  shall  be  filled  as  above  provided. 
[Added  by  L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-d  Location  of  high  school  site.  The  board  of  education 
of  such  central  high  school  district  shall  designate  the  site  of  the 
central  high  school  in  such  district  by  resolution  containing  a 
description  thereof  by  metes  and  bounds.  If  such  board  of  educa- 
tion is  unable  to  agree  as  to  the  selection  of  a  site  for  such  high 
school  building,  or  shall  for  any  reason  neglect  or  refuse  to  desig- 
nate such  site,  the  Commissioner  of  Education  may  upon  submission 
of  the  question  to  him,  after  a  hearing  and  due  investigation,  issue 
an  order  determining  the  location  of  the  site  of  such  building. 
[Added  by  L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-e  Acquisition  of  site  and  erection  of  building.  The 
board  of  education  of  a  central  high  school  district  shall,  when 
the  site  of  the  said  high  school  building  shall  have  been  designated 
as  provided  herein,  submit  to  the  qualified  electors  of  such  district 
a  proposition  authorizing  the  levy  and  collection  of  a  tax,  in  one 
sum  or  by  installments,  sufficient  in  amount  for  the  purchase  or 
acquisition  of  such  site. 

The  said  board  of  education  shall  also  submit  to  the  qualified 
electors  of  the  said  central  high  school  district  a  proposition  author- 
izing the  levy  and  collection  of  a  tax  in  installments,  for  the  erec- 
tion on  such  site  of  a  new  building  suitable  for  high  school  purposes 
and  for  the  construction  of  such  improvements  or  structures  on 
such  site  as  may  be  required  for  the  establishment  and  maintenance 
of  a  high  school  in  such  district. 

Such  propositions  shall  be  voted  upon  by  the  qualified  electors 
of  the  district  at  a  meeting  called  by  the  board  of  education  of 
such  central  high  school  district,  and  for  the  purpose  of  voting 
upon  such  propositions  the  said  district  shall  be  deemed  to  be  a 


EDUCATION    LAW  59 

school  district  and  the  provisions  of  this  chapter  relative  to  dis- 
trict meetings  and  the  adoption  of  propositions  authorizing  the  levy 
of  school  taxes  shall  apply  to  meetings  held  in  such  central  high 
school  district  for  the  purposes  herein  specified.  [Added  by  L. 
1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-f  Issue  and  sale  of  bonds.  The  board  of  education  of 
such  central  high  school  district  may,  when  a  tax  shall  have  been 
voted  at  a  meeting  of  the  qualified  electors  thereof,  to  be  collected 
in  installments,  for  the  purpose  of  purchasing  or  acquiring  a  school- 
house  site  or  for  erecting  a  school  building  or  for  the  construction 
of  improvements  or  structures  on  such  site,  as  provided  in  the  pre- 
ceding section,  borrow  so  much  of  the  sum  voted  as  may  be  neces- 
sary, at  a  rate  not  exceeding  six  per  centum,  and  issue  bonds  or 
other  evidences  of  indebtedness  therefor,  which  shall  be  a  charge 
upon  the  district  and  be  paid  at  maturity,  and  which  shall  not  be 
sold  below  par.  Such  bonds  shall  be  sold  in  the  manner  provided 
by  section  480  of  this  chapter.  [Added  by  L.  1917,  ch.  137,  in 
effect  April  5,  1917.] 

§  189-g  Pov^ers  of  board  of  education;  laws  applicable.  The 
board  of  education  of  such  central  high  school  district  shall  have 
the  same  powers  and  duties  in  respect  to  the  school  therein  as  a 
board  of  education  of  a  union  free  school  district  has,  under  this 
chapter,  in  respect  to  the  schools  in  such  district.  Except  as  other- 
wise provided  in  this  article,  the  provisions  of  this  chapter  as  to 
the  courses  of  study,  the  qualifications  and  employment  of  teachers 
and  the  maintenance,  conduct  and  supervision  of  public  schools  in 
union  free  school  districts  shall  apply  to  a  central  high  school  in  a 
central  high  school  district  estabhshed  as  herein  provided.  [Added 
by  L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-h  District  meetings;  vote  upon  school  taxes.  The 
annual  meeting  of  a  central  high  school  district  shall  be  held  on 
the  first  Tuesday  in  June.  Special  meetings  may  be  called  in  the 
same  manner  and  for  the  same  purposes  as  special  meetings  in 
union  free  school  districts.  .Such  meetings  shall  be  held  for  the 
same  purposes  and  in  the  same  manner,  and  be  subject  to  the  same 
provisions  of  law,  as  like  meetings  in  union  free  school  districts, 
and  all  persons  who  are  qualified  electors  of  the  school  districts 
included  in  such  central  high  school  district  may  vote  at  such 
meetings. 

The  board  of  education  of  such  district  shall  present  at  the  annual 
meeting  a  detailed  statement  in  writing  of  the  estimated  expendi- 
tures required  for  the  support  and  maintenance  of  the  central  high 


60  THE   UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

school  therein  for  the  ensuing  year.  The  said  meeting  shall  vote 
the  necessary  taxes  to  meet  such  expenditures,  in  the  same  manner 
as  taxes  are  voted  at  a  district  meeting  in  a  union  free  school  dis- 
trict. The  provisions  of  sections  322  to  326,  inclusive  of  this  chap- 
ter, and  all  other  provisions  relative  to  the  making  of  appropriations, 
the  voting  of  taxes,  and  the  expenditure  of  moneys  for  the  sup- 
port, maintenance  and  expenses  of  public  schools  in  union  free 
school  districts,  shall  apply  to  the  support,  maintenance  and 
expenses  of  a  central  high  school  in  a  central  high  school  district 
established  as  provided  in  this  chapter.  [Added  by  L.  1917,  ch. 
137,  in  effect  April  5,  1917.] 

§  189-i  Apportionment  of  expenses.  The  board  of  education 
of  such  central  high  school  district  shall  cause  to  be  apportioned 
among  the  school  districts  included  in  such  district  the  amount 
required  for  the  payment  of  the  principal  and  interest  of  all  bonds 
issued  and  sold  as  provided  in  this  article  for  the  purchase  or 
acquisition  of  a  schoolhouse  site,  the  erection  thereon  of  a  new 
school  building  and  the  construction  of  improvements  and  other 
structures  on  such  site,  and  for  the  payment  of  the  authorized 
expenditures  for  the  maintenance,  support  and  expenses  of  such 
high  school  during  the  ensuing  school  year.  There  shall  be  appor- 
tioned to  each  such  district  such  portion  of  such  amount  as  the 
assessed  valuation  of  the  taxable  property  in  such  district  bears  to 
the  total  assessed  valuation  of  all  the  school  districts  included  in 
such  central  high  school  district.  The  board  of  education  of  such 
central  high  school  district  shall  on  or  before  August  first  of  each 
year  present  to  the  board  of  education  of  each  union  free  school 
district  and  to  the  trustee  or  board  of  trustees  of  each  common 
school  district  in  such  central  high  school  district  a  certified  state- 
ment of  the  portion  of  such  amount  to  be  paid  by  each  of  such 
districts,  and  the  said  boards  of  education,  boards  of  trustees  or 
trustees  shall  cause  the  same  to  be  raised  by  tax  on  the  taxable 
property  in  such  districts,  in  the  same  manner  as  other  taxes  for 
the  support  and  maintenance  of  the  schools  therein.  The  board  of 
education  of  a  central  high  school  district  in  the  county  of  West- 
chester shall  present  such  certified  statements  to  the  board  of  edu- 
cation of  each  union  free  school  district  and  to  the  trustees  or  board 
of  trustees  of  each  common  school  district  in  such  central  high 
school  district  on  or  before  the  third  Tuesday  in  June  each  year 
and  such  boards  of  education,  boards  of  trustees  or  trustees  shall 
include  such  amount  in  the  annual  school  taxes  for  such  districts 
and  certify  the  same  to  the  supervisor  of  the  town  before  July  first 


EDUCATION    LAW  61 

each  year  as  provided  in  the  laws  applicable  to  such  county.     [Added 
by  L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-j  District  treasurer  and  clerk;  custody  and  disburse- 
ment of  funds.  The  board  of  education  of  such  district  shall 
appoint  a  treasurer,  who  shall  hold  office  during  the  pleasure  of 
the  board  and  shall  be  subject  to  the  provisions  of  this  chapter 
relative  to  the  treasurer  of  a  union  free  school  district.  The 
amount  raised  by  tax  in  the  several  districts  included  within  the 
central  high  school  district  for  the  support  and  maintenance  of  such 
central  high  school,  as  provided  in  this  section,  shall  be  paid  to  the 
treasurer  of  such  central  high  school  district  and  shall  be  paid  out 
by  him  upon  the  orders  of  the  board  of  education  issued  and  exe- 
cuted in  pursuance  of  a  resolution  of  said  board.  The  provisions 
of  this  chapter  relative  to  the  payment  of  claims  against  a  union 
free  school  district  shall  apply,  so  far  as  practicable,  to  the  pay- 
ment of  claims  against  a  central  high  school  district  established  as 
provided  in  this  article.  The  board  of  education  of  such  district 
may  appoint  one  of  its  members  or  a  qualified  elector  of  such  dis- 
trict as  clerk  of  the  district.  [Added  by  L.  1917,  ch.  137,  in  effect 
April  5,  1917.] 

§  189-k  State  aid.  Public  moneys  shall  be  apportioned  to 
such  central  high  school  district  on  account  of  the  central  high 
school  maintained  therein,  in  the  same  amount  and  under  the  same 
conditions  as  in  the  case  of  apportionments  to  union  free  school 
districts  on  account  of  secondary  instruction  given  in  the  public 
schools  of  such  districts,  under  the  provisions  of  this  chapter. 
[Added  by  L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§  189-1  Transportation  of  pupils.  The  board  of  education  of 
such  central  high  school  district  may  cause  transportation  to  be 
furnished  to  the  pupils  of  the  districts  entitled  to  attend  such  central 
high  school  who  reside  so  remote  from  such  schools  that  they  will 
be  deprived  of  the  privilege  of  attendance  thereat  unless  such  trans- 
portation is  furnished.  The  cost  of  such  transportation  shall  be  a 
charge  against  such  central  high  school  district  and  shall  be  raised 
by  tax  without'a  vote  of  the  district  and  be  paid  in  the  same  manner 
as  other  expenditures  for  the  support  and  maintenance  of  such 
central  high  school.  The  Commissioner  of  Education  may,  upon 
sufficient  notice  to  such  board  of  education  and  after  an  opportunity 
to  such  board  to  be  heard  in  its  defense,  issue  an  order  directing 
such  board  to  provide  such  transportation.  [Added  by  L.  1917,  ch. 
137,  in  effect  April  5,  1917.] 


62  THE   UNIVERSITY   OF  THE   STATE   OF    NEW    YORK 

ARTICLE  7 

District  Meetings 

Section  190  Notice  of  first  meeting  of  district 

191  Service  of  notice  of  first  meeting  of  district 

192  Second  notice  of  first  meeting  of  district 

193  Notice  of  annual  meeting 

194  Time  and  place  of  annual  meeting 

195  Annual  meetings  of  districts  reformed  after  dissolution 

196  Special  meeting  to  transact  business  of  annual  meeting 

197  Special  meetings  in  common  school  districts 

198  Special  meetings  in  union  free  school  district^ 

199  Call  of  special  district  meeting  by  school  commissioner 

200  Effect  of  want  of  due  notice  of  district  meetings 

201  Penalty  for  failure  to  serve  notice 

202  Duty  to  attend  district  meetings 

203  Qualifications   of   voters  at  district  meetings 

204  Declaration  in  case  of  challenge  of  voter 

205  Penalty  for  false  declaration  or  unauthorized  vote 

206  Powers  of  voters 

207  Vote  on  proposition  to  expend  money 

§  190  Notice  of  first  meeting  of  district.  Whenever  any  school 
district  shall  be  formed,  or  two  or  more  common  school  districts 
are  consolidated  as  provided  in  section  132  the  district  superin- 
tendent of  schools,  or  any  one  or  more  of  such  district  superintend- 
ents within  whose  districts  it  may  be,  shall  prepare  a  notice 
describing  such  district,  and  appointing  a  time  and  place  for  the 
first  district  meeting,  and  deliver  such  notice  to  a  taxable  inhabitant 
of  the  district.     [Amended  by  L.  1913,  ch.  129.] 

§  191  Service  of  notice  of  first  meeting  of  district.  It  shall 
be  the  duty  of  such  inhabitant  to  notify  every  other  inhabitant  of 
the  district  qualified  to  vote  at  the  meeting,  by  delivering  to  him  a 
copy  of  the  notice  of  such  meeting,  or  in  case  of  his  absence  from 
home,  by  leaving  a  copy  thereof,  or  so  much  thereof  as  relates  to 
the  time,  place  and  object  of  the  meeting,  at  the  place  of  his  abode, 
at  least  six  days  before  the  time  of  the  meeting. 

§  192  Second  notice  of  first  meeting  of  district.  In  case  such 
meeting  shall  not  be  held,  and  in  the  opinion  of  the  school  commis- 
sioner it  shall  be  necessary  to  hold  such  meeting,  before  the  time 
herein  fixed  for  the  first  annual  meeting,  he  shall  deliver  another 
such  notice  to  a  taxable  inhabitant  of  the  district,  who  shall  serve 
it  as  provided  in  section  191. 


^  So  in  original. 


EDUCATION    LAW  63 

§  193  Notice  of  annual  meeting.  1  The  district  clerk  of  each 
■common  school  district  shall  give  notice  of  the  time  and  place  of 
the  annual  meeting  by  posting  five  notices  of  such  meeting  in  five 
conspicuous  places  in  the  district  five  days  previous  to  the  date  of 
such  meeting.  One  of  such  notices  must  be  posted  on  the  front 
door  of  the  schoolhouse. 

2  The  clerk  of  each  union  free  school  district  shall  give  notice 
of  the  time  and  place  of  the  annual  meeting  by  publishing  a  notice 
once  in  each  week  within  the  four  weeks  next  preceding  such  dis- 
trict meeting,  in  two  newspapers  if  there  shall  be  two,  or  in  one 
newspaper  if  there  shall  be  but  one,  published  in  such  district. 
But  if  no  newspaper  shall  then  be  published  therein,  the  said  notice 
shall  be  posted  in  at  least  twenty  of  the  most  public  places  in  said 
district  twenty  days  before  the  time  of  such  meeting.  [Subdivision 
2  amended  hy  L.  1915,  ch.  171.] 

3  Such  notice  and  all  other  notices  and  reports  required  to  be 
published  in  newspapers  under  the  provisions  of  this  chapter  shall 
be  printed  at  the  rates  and  for  the  fees  prescribed  in  section  3317 
of  the  Code  of  Civil  Procedure.  In  the  event  that  the  publishers 
of  one  or  both  of  the  newspapers  published  within  such  district 
shall  refuse  to  print  and  publish  the  notices  or  reports  at  the  rates 
and  for  the  fees  so  prescribed,  publication  in  such  newspaper  or 
newspapers  so  refusing  may  be  omitted,  in  which  case  the  notices 
or  reports  shall  be  posted  as  required  by  this  section  in  lieu  of  such 
publication.  [Subdivision  3  added  by  L.  1921,  ch.  284,  in  effect 
April  20,  1921.] 

§  194  Time  and  place  of  annual  meeting.  The  annual  meeting 
of  each  school  district  shall  be  held  on  the  first  Tuesday  of  May  in 
each  year,  and,  unless  the  hour  and  place  thereof  shall  have  been 
fixed  by  a  vote  of  a  previous  district  meeting,  the  same  shall  be 
held  in  the  schoolhouse  at  seven-thirty  o'clock  in  the  evening.  If 
a  district  possesses  more  than  one  schoolhouse,  it  shall  be  held  in 
the  one  usually  employed  for  that  purpose,  unless  the  trustees  desig- 
nate another.  If  the  district  possesses  no  schoolhouse,  or  if  the 
schoolhouse  shall  not  be  accessible,  then  the  annual  meeting  shall 
be  held  at  such  place  as  a  trustee,  or,  if  there  be  no  trustee,  the 
clerk,  shall  designate  in  the  notice.  Provided,  however,  that  in 
union  free  school  districts  whose  limits  do  not  correspond  with  those 
of  an  incorporated  city  or  village,  the  board  of  education  may  at 
any  regular  meeting,  by  resolution  duly  adopted  and  entered  upon 
its  minutes,  determine  that  the  annual  meeting  of  such  union  free 
school  district  shall  be  held  on  the  first  Tuesday  in  August;  and 


64  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

thereafter  until  such  determination  shall  be  changed,  such  annual 
meeting  shall  be  held  on  the  first  Tuesday  in  August  of  each  year  ; 
and  where  any  such  district  shall  have  heretofore  or  hereafter 
determined  that  the  election  of  the  members  of  the  board  of  educa- 
tion shall  be  held  on  the  Wednesday  next  following  the  day  desig- 
nated by  law  for  holding  the  annual  meeting  of  such  district  as 
provided  by  section  303  of  the  Education  Law,  such  election  shall 
be  held  at  the  time  so  determined  until  such  determination  shall  be 
changed.  [Amended  by  L.  1910,  ch.  442,  L.  1913,  ch.  440,  and 
L.  1915,  ch.  232.] 

§  195  Annual  meetings  of  districts  reformed  after  dissolution. 
The  districts  formed  by  the  dissolution  of  a  union  free  school  dis- 
trict, as  provided  in  sections  146  and  147  of  this  chapter  shall  hold 
their  annual  meetings  on  the  first  Tuesday  of  May  next  after  the 
dissolution  of  such  union  free  school  district,  and  shall  elect  officers 
as  now  required  by  law.     [Amended  by  L.  1913,  ch.  129..] 

§  196  Special  meeting  to  transact  business  of  annual  meeting. 

Whenever  the  time  for  holding  the  annual  meeting  in  school  districts 
shall  pass  without  such  meeting  being  held  in  a  district,  a  special 
meeting  shall  thereafter  be  called  by  the  trustees  or  by  the  clerk  of 
such  district  for  the  purpose  of  transacting  the  business  of  the  annual 
meeting ;  and  if  no  such  meeting  be  called  by  the  trustees  or  the  clerk 
within  ten  days  after  such  time  shall  have  passed,  the  school  com- 
missioner of  the  commissioner  district  in  which  said  school  district 
is  situated  or  the  Commissioner  of  Education  may  order  any  inhabi- 
tant of  such  district  to  give  notice  of  such  meeting  in  the  manner 
provided  in  section  191,  and  the  officers  of  the  district  shall  make  to 
such  meeting  the  reports  required  to  be  made  at  the  annual  meeting, 
subject  to  the  same  penalty  in  case  of  neglect;  and  the  officers 
elected  at  such  meeting  shall  hold  their  respective  offices  only  until 
the  next  annual  meeting  and  until  their  successors  are  elected  and 
shall  have  qualified. 

§  197  Special  meetings  in  common  school  districts.  1  A 
special  district  meeting  shall  be  held  whenever  called  by  the  trustees. 
The  notice  thereof  shall  state  the  purposes  for  which  it  is  called,  and 
no  business  shall  be  transacted  at  such  special  meeting,  except  that 
which  is  specified  in  the  notice ;  and  the  district  clerk,  or,  if  the  office 
be  vacant,  or  the  clerk  be  sick  or  absent,  or  shall  refuse  to  act,  a 
trustee,  or  some  taxable  inhabitant,  by  order  of  the  trustees,  shall 
serve  the  notice  upon  each  inhabitant  of  the  district  qualified  to  vote 
at  district  meetings,  at  least  six  days  before  the  day  of  the  meeting, 
in  the  manner  prescribed  in  section  191. 


EDUCATION    LAW  65 

2  The  inhabitants  of  a  district  may,  at  any  annual  meeting,  adopt 
a  resolution  prescribing  some  other  mode  of  giving  notice  of  special 
meetings,  which  resolution  and  the  mode  prescribed  thereby  shall 
continue  in  force  until  rescinded  or  modified  at  some  subsequent 
annual  meeting. 

§   198  Special    meetings    in    union    free    school    districts.       1 

Boards  of  education  shall  have  power  to  call  special  meetings  of  the 
inhabitants  of  their  respective  districts  whenever  they  shall  deem  it 
necessary  and  proper,  in  the  manner  prescribed  in  subdivision  2  of 
section  193  of  this  chapter. 

2  In  union  free  school  districts  whose  limits  correspond  with 
those  of  any  incorporated  village  or  city,  the  boards  of  education 
shall  have  power  to  call  special  meetings  of  the  inhabitants  of  their 
respective  districts  for  the  purposes  mentioned  in  section  467  in  the 
manner  prescribed  in  said  subdivision  2  of  section  193. 

§  199  Call  of  special  district  meeting  by  school  commissioner. 
When  the  clerk  and  all  the  trustees  of  a  school  district  shall  have 
removed  from  the  district,  or  their  office  shall  be  vacant,  so  that  a 
special  meeting  can  not  be  called,  as  hereinbefore  provided,  the  school 
commissioner  may  in  like  manner  give  notice  of,  and  call  a  special 
district  meeting. 

§  200  Effect  of  want  of  due  notice  of  district  meetings.  The 
proceedings  of  no  district  meeting,  annual  or  special,  shall  be  held 
illegal  for  want  of  a  due  notice  to  all  the  persons  qualified  to  vote 
thereat,  unless  it  shall  appear  that  the  omission  to  give  such  notice 
was  wilful  and  fraudulent. 

§  201  Penalty  for  failure  to  serve  notice.  Every  taxable 
inhabitant,  to  whom  a  notice  of  any  district  meeting  shall  be  delivered 
for  service  pursuant  to  any  provisions  of  this  article,  who  shall  refuse 
or  neglect  to  serve  the  same,  as  hereinbefore  prescribed,  shall  forfeit 
five  dollars  for  the  benefit  of  the  district. 

§  202  Duty  to  attend  district  meetings.  Whenever  any  dis- 
trict meeting  shall  be  duly  called,  it  shall  be  the  duty  of  the  inhabi- 
tants qualified  to  vote  thereat,  to  assemble  at  the  time  and  place  fixed 
for  the  meeting. 

§  203  Qualifications  of  voters  at  district  meetings.  A  person 
shall  be  entitled  to  vote  at  any  school  meeting  for  the  election  of 
school  district  officers,  and  upon  all  other  matters  which  may  be 
brought  before  such  meeting  who  is : 

1  A  citizen  of  the  United  States. 

2  Twenty-one  years  of  age. 


66  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

3  A  resident  within  the  district  for  a  period  of  thirty  days  next 
preceding  the  meeting  at  which  he  offers  to  vote ;  and  who  in  addition 
thereto  possesses  one  of  the  following  four  qualifications: 

a  Owns  or  hires,  or  is  in  the  possession  under  a  contract  of  pur- 
chase of  real  property  in  such  district  liable  to  taxation  for  school 
purposes,  or 

h  Is  the  parent  of  a  child  of  school  age,  provided  such  child  shall 
have  attended  the  district  school  in  the  district  in  which  the  meeting 
is  held  for  a  period  of  at  least  eight  weeks  during  the  year  preceding 
such  school  meeting,  or 

c  Not  being  the  parent,  has  permanently  residing  with  him  a  child 
of  school  age  who  shall  have  attended  the  district  school  for  a  period 
of  at  least  eight  weeks  during  the  year  preceding  such  meeting,  or 

d  Owns  any  personal  property,  assessed  on  the  last  preceding 
assessment-roll  of  the  town,  exceeding  fifty  dollars  in  value,  exclu- 
sive of  such  as  is  exempt  from  execution. 

No  person  shall  be  deemed  to  be  ineligible  to  vote  at  any  such 
meeting,  by  reason  of  sex,  who  has  the  other  qualifications  required 
by  this  section. 

§  204  Declaration  in  case  of  challenge  of  voter.  If  a  person 
offering  to  vote  at  any  school  district  meeting  shall  be  challenged  as 
unqualified,  by  any  legal  voter  in  such  district,  the  chairman  pre- 
siding at  such  meeting  shall  require  the  person  so  offering,  to  make 
the  following  declaration :  "  I  do  declare  and  affirm  that  I  am,  and 
have  been,  for  the  thirty  days  last  past,  an  actual  resident  of  this 
school  district  and  that  I  am  qualified  to  vote  at  this  meeting.'*  And 
every  person  making  such  declaration  shall  be  permitted  to  vote  on 
all  questions  proposed  at  such  meeting ;  but  if  any  person  shall  refuse 
to  make  such  declaration,  his  vote  shall  be  rejected. 

§  205  Penalty  for  false  declaration  or  unauthorized  vote.  A 
person  who  shall  wilfully  make  a  false  declaration  of  his  right  to 
vote  at  a  school  meeting,  after  his  right  to  vote  thereat  has  been  chal- 
lenged, shall  be  deemed  guilty  of  a  misdemeanor.  And  a  person  not 
qualified  to  vote  at  such  meeting,  who  shall  vote  thereat,  shall  thereby 
forfeit  ten  dollars,  to  be  sued  for  by  the  supervisor  for  the  benefit 
of  the  common  schools  of  the  town. 

§  206  Powers  of  voters.  The  inhabitants  entitled  to  vote, 
when  duly  assembled  in  any  district  meeting,  shall  have  power,  by 
a  majority  of  the  votes  of  those  present: 

1  To  appoint  a  chairman. 

2  To  appoint  a  clerk  for  the  time  if  the  district  clerk  is  absent. 

3  To  adjourn  from  time  to  time  as  occasion  may  require. 


EDUCATION    LAW  67 

4  To  elect  one  or  three  trustees  as  hereinafter  provided,  a  district 
clerk  and  a  district  collector,  and  in  any  district  which  shall  so  deter- 
mine,  as  hereinafter  provided,  to  elect  a  treasurer,  at  their  first 
meeting,  and  so  often  as  such  offices  or  any  of  them  become  vacated, 
except  as  hereinafter  provided. 

5  At  the  first  meeting,  or  at  any  subsequent  annual  meeting,  or 
at  any  special  meeting  duly  called  for  that  purpose,  the  qualified 
voters  of  any  school  district  are  authorized  to  adopt  by  a  vote  of  a 
majority  of  such  voters  present  and  voting,  to  be  ascertained  by 
taking  and  recording  the  ayes  and  noes,  a  resolution  to  elect  a  treas- 
urer of  said  district,  who  shall  be  the  custodian  of  all  moneys 
belonging  to  said  district,  and  the  disbursing  officer  of  such  moneys. 
If  such  resolution  shall  be  adopted,  such  voters  shall  thereupon  elect 
by  ballot  a  treasurer  for  said  district.  Any  person  elected  treasurer 
at  any  meeting  other  than  an  annual  meeting,  shall  hold  office  until 
the  next  annual  meeting  after  such  election,  and  until  his  successor 
shall  be  elected  or  appointed,  and  thereafte;>a  treasurer  shall  be 
elected  at  each  annual  meeting  for  the  term  of  one  year.  [Subdivi- 
sion 5  amended  by  L.  1910,  ch.  442. \ 

6  To  fix  the  amount  in  which  the  collector  and  treasurer  shall 
give  bonds  for  the  due  and  faithful  performance  of  the  duties  of 
their  offices. 

7  To  designate  a  site  for  a  schoolhouse,  or  for  the  grounds  to  be 
used  for  playgrounds,  or  for  agricultural,  athletic  centers  and  social 
center  purposes,  or,  with  the  consent  of  the  district  superintendent 
of  schools  within  whose  district  the  school  district  lies,  to  designate 
sites  for  two  or  more  schoolhouses  for  the  district.  Such  designation 
of  a  site  for  a  schoolhouse,  or  for  such  grounds,  can  be  made  only 
at  a  special  meeting  of  the  district,  duly  called  for  such  purpose 
by  a  written  resolution  in  which  the  proposed  site  shall  be  described 
by  metes  and  bounds,  and  which  resolution  must  receive  the  assent 
of  a  majority  of  the  qualified  voters  present  and  voting,  to  be  ascer- 
tained by  taking  and  recording  the  ayes  and  noes,  or  by  ballot. 
[Subdivision  7  amended  by  L-.  1913,  ch.  221. \ 

8  To  vote  a*  tax  upon  the  taxable  property  of  the  district,  to 
purchase,  lease  and  improve  such  sites  or  an  addition  to  such  sites 
and  grounds  for  the  purposes  specified  in  the  preceding  subdivision, 
to  hire  or  purchase  rooms  or  buildings  for  schoolrooms  or  school- 
houses,  or  to  build  schoolhouses;  to  keep  in  repair  and  furnish  the 
same  with  necessary  fuel,  furniture  and  appurtenances,  and  to  pur- 
chase such  implements,  apparatus  and  supplies  as  may  be  necessary 
to  provide  instruction  in  agriculture  and  other  subjects,  and  for  the 


68  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

organization  and  conduct  of  athletic,  playground  and  other  social 
center  work.      [Subdivision  8  amended  by  L.  1913,  ch,  221.] 

9  To  vote  a  tax,  not  exceeding  twenty-five  dollars  in  any  one 
year,  for  the  purchase  of  maps,  globes,  reproductions  of  standard 
works  of  art,  blackboards  and  other  school  apparatus,  and  for  the 
purchase  of  textbooks  and  other  school  necessaries  for  the  use  of 
poor  scholars  of  the  district.  [Subdivision  9  amended  by  L.  1914, 
ch.  216.] 

10  To  vote  a  tax  for  the  establishment  of  a  school  library  and 
the  maintenance  thereof,  or  for  the  support  of  any  school  library 
already  owned  by  said  district,  and  for  the  purchase  of  books  therefor, 
and  such  sum  as  they  may  deem  necessary  for  the  purchase  of  a 
bookcase. 

11  To  vote  a  tax  to  supply  a  deficiency  in  any  former  tax  arising 
from  such  tax  being,  in  whole  or  in  part,  uncollectible. 

12  To  authorize  the  trustees  to  cause  the  schoolhouses,  and  their 
furniture,  appurtenances  and  school  apparatus  to  be  insured  by  any 
insurance  company  created  by  or  under  the  laws  of  this  State,  or 
any  other  insurance  company  authorized  by  law  to  transact  business 
in  this  State. 

13  To  alter,  repeal  and  modify  their  proceedings,  from  time  to 
time,  as  occasion  may  require. 

14  To  vote  a  tax  for  the  purchase  of  a  book  for  the  purpose  of 
recording  their  proceedings. 

15  To  vote  a  tax  to  replace  moneys  of  the  district,  lost  or 
embezzled  by  district  officers;  and  to  pay  the  reasonable  expenses 
incurred  by  district  officers  in  defending  suits  or  appeals  brought 
against  them  for  their  official  acts,  or  in  prosecuting  suits  or  appeals 
by  direction  of  the  district  against  other  parties. 

16  To  vote  a  tax  to  pay  whatever  deficiency  there  may  be  in 
teachers'  wages  after  the  public  money  apportioned  to  the  district 
shall  have  been  applied  thereto. 

\7  To  vote  a  tax  to  pay  and  satisfy  of  record  any  judgments 
of  a  competent  court  which  may  have  been  or  shall  hereafter  be 
obtained  in  an  action  against  the  trustees  of  the  district  for  unpaid 
teachers'  wages,  where  the  time  to  appeal  from  said  judgments  shall 
have  lapsed,  or  there  shall  be  no  intent  to  appeal  on  the  part  of  such 
district,  or  the  said  judgments  are  or  shall  be  of  the  court  of  last 
resort. 

18  Whenever  any  district  shall  have  contracted  with  the  school 
authorities  of  any  city,  or  other  school  district  for  the  education 
therein  of  the  pupils  residing  in  such  school  district,  or  whenever 


EDUCATION    LAW  69 

in  any  school  district  children  of  school  age  shall  reside  so  remote 
from  the  schoolhouse  therein  that  they  are  practically  deprived  of 
school  advantages  during  any  portion  of  the  school  year,  the  inhabi- 
tants thereof  entitled  to  vote  are  authorized  to  provide,  by  tax  or 
otherwise,  for  the  conveyance  of  any  or  all  pupils  residing  therein 
to  the  schools  of  such  city,  or  district  with  which  such  contract  shall 
have  been  made,  or  to  the  school  maintained  in  said  district,  and 
the  trustees  thereof  may  contract  for  such  conveyance  when  so 
authorized  in  accordance  with  such  rules  and  regulations  as  they  may 
establish,  and  for  the  purpose  of  defraying  any  expense  incurred  in 
carrying  out  the  provisions  of  this  subdivision,  they  may  if  necessary 
use  any  portion  of  the  public  money  apportioned  to  such  district  as 
a  district  quota. 

§  207  Vote  on  proposition  to  expend  money.  In  all  proposi- 
tions arising  at  said  district  meetings,  involving  the  expenditure  of 
money,  or  authorizing  the  levy  of  taxes,  the  vote  thereon  shall  be  by 
ballot,  or  ascertained  by  taking  and  recording  the  ayes  and  noes  of 
such  qualified  voters  attending  and  voting  at  such  district  meetings. 


ARTICLE  7-A 

(Added  by  L.  1917,  ch.  791,  in  effect  June  8,  1917) 
School  Elections  in  Certain  Cities 

Section  208  Application  of  article 

209  Annual  school  election 

210  Qualifications  of  electors 

211  Division  of  city  or  district  into  districts;  elections  held  in  school- 

houses 

212  Notices  of  election 

213  Preparation  of  poll  lists  in  certain  cities ;  correction 

214  Inspectors  of  election;  organization 

215  Nomination  and  ballot 

216  Conduct  of  election ;.  challenges 

217  Canvass  of  votes  and  return  to  board  of  education;  declaration 

of  result 

218  Use  of  voting  machines 

§  208  Application  of  article.  This  article  shall  apply  to  each 
city  in  the  State,  in  which  members  of  the  board  of  education  are 
elected  by  the  qualified  electors  of  such  city  at  an  election  other  than 
a  general  or  municipal  election.  [Added  by  L.  1917,  ch.  791,  in 
effect  June  8,  1917.] 


70  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

§  209  Annual  school  election.  1  An  annual  election  shall  be 
held  on  the  first  Tuesday  of  May  in  each  city  to  which  this  article 
applies. 

2  The  polls  of  such  election  shall  be  open  from  twelve  o'clock 
noon  until  eight  o'clock  in  the  evening.  [Added  by  L.  1917,  ch.  791, 
in  effect  June  8, 1917.] 

§  210  Qualifications  of  voters.  A  person  shall  be  entitled  to 
vote  at  a  school  election  in  such  city  who  is : 

1  A  citizen  of  the  United  States. 

2  Twenty-one  years  of  age. 

3  A  resident  within  the  election  district  for  a  period  of  thirty 
days  next  preceding  the  election  at  which  he  offers  to  vote;  and 
who  in  addition  thereto  possesses  one  of  the  following  four 
qualifications : 

a  Owns  or  hires  real  property  in  such  district  or  is  in  the  posses- 
sion of  such  property  under  a  contract  of  purchase,  assessed  upon 
the  last  preceding  assessment-roll  of  the  city,  or 

b  Is  the  parent  of  a  child  of  school  age,  provided  such  child  shall 
have  attended  the  public  schools  in  the  city  in  which  the  election  is 
held  for  a  period  of  at  least  eight  weeks  during  the  year  preceding 
such  election,  or 

c  Not  being  the  parent,  has  permanently  residing  with  him  a  child 
of  school  age  who  shall  have  attended  such  public  schools  for  a  period 
of  at  least  eight  weeks  during  the  year  preceding  such  election,  or 

d  Owns  personal  property,  assessed  on  the  last  preceding  assess- 
ment-roll of  the  city,  exceeding  fifty  dollars  in  value,  exclusive  of 
such  as  is  exempt  from  execution. 

No  person  shall  be  deemed  to  be  ineligible  to  vote  at  any  such 
election,  by  reason  of  sex,  who  has  the  other  qualifications  required 
by  this  section.  In  any  city  school  district  whose  boundaries  are 
coterminous  with  the  boundaries  of  the  city,  any  person  shall  be 
permitted  to  vote  at  any  such  election  in  the  school  election  district 
within  which  he  resides  on  the  date  of  the  election,  provided  he  shall 
have  been  resident  of  the  city  school  district  for  the  period  of  thirty 
days  next  preceding  the  date  of  the  election,  and  provided  he  shall 
possess  the  other  qualifications  which  entitle  him  to  vote  as  pre- 
scribed in  this  section.  [Added  by  L.  1917,  ch.  791.  Subdivision 
3-d  amended  by  L.  1921,  ch.  384,  in  effect  April  30,  1921.] 

§  211  Division  of  city  into  districts;  elections  held  in  school- 
houses.  The  board  of  education  of  each  such  city  shall  adopt  a 
resolution  on  or  before  the  first  day  of  April,  preceding  the  first 
annual  school  election  held  hereunder,  dividing  the  city  into  school 


P  EDUCATION    LAW  .  71. 

election  districts.  The  city  shall  be  so  divided,  that  if  circumstances 
will  permit,  there  shall  be  a  schoolhouse  in  each  district  and  each 
district  shall  contain  not  more  than  one  thousand  qualified  voters. 
The  districts  thus  formed  shall  continue  in  existence  until  modified 
by  resolution  of  the  board  of  education.  Such  resolution  shall 
accurately  describe  the  boundaries  of  such  districts  by  streets,  alleys 
and  highways,  when  practicable,  and  shall  so  far  as  may  be,  include 
one  or  more  of  the  regular  election  districts  of  such  city.  School 
elections  shall  be  held  in  such  districts  so  far  as  may  be  possible  in  the 
public  schoolhouses  therein.  If  there  is  no  pubHc  schoolhouse  in  a 
district  the  board  of  education  shall  by  resolution  designate  the  place 
where  the  election  in  such  district  shall  be  held.  [Added  by  L.  1917, 
ch.  791,  in  effect  June  8,  1917.] 

§  212  Notices  of  election.  The  board  of  education  shall  cause 
a  notice  of  the  annual  school  election  to  be  published  at  least  once 
in  each  week  for  the  four  weeks  preceding  such  election,  in  at  least 
two  newspapers  published  in  such  city.  Such  notice  shall  state  the 
day  of  election  and  the  hours  during  which  the  polls  are  to  be  open, 
shall  accurately  describe  the  boundaries  of  the  school  election  districts 
into  which  the  city  is  divided,  and  shall  specify  the  schoolhouses  or 
other  places  therein  where  such  election  will  be  held.  Such  notice 
shall  also  state  that  poll  lists  prepared  by  the  clerk  of  the  board  of 
education  as  required  by  this  article  containing  the  names  of  the 
qualified  electors  of  each  school  election  district  are  on  file  and  may 
be  examined  at  the  oflice  of  such  clerk  or  of  the  superintendent  of 
schools  of  such  city.  [Added  by  L.  1917,  ch.  791,  in  effect  June  8, 
1917.] 

§  213  Preparation  of  poll  lists  in  certain  cities;  correction. 
1  The  secretary  or  clerk  of  the  board  of  education  in  each  such 
city  having  a  population  of  over  fifty  thousand  shall  on  or  before 
the  first  day  of  April  in  each  year  prepare  a  poll  list  for  each  school 
election  district  which  shall  contain  the  names  of  all  persons  residing 
in  such  district  who  shall  be  qualified  to  vote  for  candidates  for  the 
offices  of  members  of  the  board  of  education  at  the  ensuing  election. 
The  names  on  such  list  shall  be  arranged  alphabetically  by  the  sur- 
names, and  the  place  of  residence  by  street  and  number  of  each 
person  named  on  such  list,  if  any,  and  if  not,  some  description 
accurately  locating  such  place  of  residence  shall  be  given  on  such 
list.  [Subdivision  1  amended  by  L.  1921,  ch.  384,  in  effect  April  30, 
1921.] 

2  Such  list  shall  be  placed  on  file  in  the  office  of  the  secretary 


72  THE    UNIVERSITY   OF   THE   STATE    OF    NEW    YORK 

or  clerk  of  the  board  of  education  or  some  other  suitable  and  acces- 
sible place  to  be  designated  by  the  board  of  education  where  it  may 
be  examined  by  persons  interested  therein  during  the  office  hours 
of  such  secretary  or  clerk  for  thirty  days  preceding  the  annual  school 
election  and  from  four  to  eight  o'clock  in  the  evening  of  each  Friday 
and  Saturday  of  the  four  weeks  immediately  preceding  the  election. 
The  secretary  or  clerk  of  the  board  of  education  or  some  person  to 
be  designated  by  such  board  shall  attend  at  such  office  at  such  times, 
and  shall  permit  such  lists  to  be  examined  by  the  public. 

3  Any  person  whose  name  is  not  upon  such  list,  who  is  or  will 
be  a  qualified  voter  of  the  city  at  such  election,  may  file  a  written 
statement  with  the  secretary  or  clerk  of  the  board  of  education 
giving  his  name,  place  of  residence,  occupation  and  the  school  elec- 
tion district  in  which  he  resides,  and  specifying  the  qualifications 
which  entitle  him  to  vote  at  such  election.  The  name  of  such  voter 
shall  thereupon  be  placed  on  such  poll  list.  If  such  person  appears 
before  the  secretary  or  clerk  of  the  board  of  education  and  furnishes 
the  information  above  required,  such  secretary  or  clerk  shall  place 
his  name  upon  the  poll  list. 

4  If  a  qualified  voter  is  a  resident  of  a  school  election  district 
and  his  name  appears  on  a  poll  list  as  a  resident  of  another  district, 
a  written  statement  may  be  filed  by  such  voter  with  the  secretary  or 
clerk  of  the  board  of  education  showing  his  correct  residence  and 
the  name  of  such  voter  shall  thereupon  be  stricken  from  such  poll 
list  and  placed  upon  the  proper  poll  list. 

5  The  board  of  education  shall  furnish  blanks  for  such  statements, 
which  shall  be  used  by  the  voters  in  presenting  the  facts  above  pre- 
scribed. No  change  or  alteration  of  such  list  shall  be  made  by  any 
person  before  the  correction  and  revision  thereof  as  hereinafter 
provided. 

6  Such  statements  and  challenges  shall  be  received  and  preserved 
by  the  secretary  or  clerk  of  the  board  or  other  person  designated  by 
the  board,  and  on  the  Monday  preceding  the  annual  election  such 
secretary  or  clerk  shall  correct  and  revise  each  of  such  duplicate  lists 
by  striking  therefrom  and  inserting  in  their  proper  places  the  names 
of  persons  who  have  filed  the  statements  above  referred  to  and  shall 
indicate  on  such  lists  the  persons  whose  qualifications  as  voters  have 
been  challenged. 

7  Such  corrected  and  revised  lists  shall  be  filed  in  the  office  of 
the  secretary  or  clerk  of  the  board  of  education.  Such  board  shall 
cause  a  copy  of  the  list  of  each  election  district  to  be  delivered  on  the 
day  of  the  election,  before  the  opening  of  the  polls  therein,  to  the 


EDUCATION   LAW  73 

inspectors  of  such  districts,  at  the  place  where  the  election  in  such 
district  is  to  be  held. 

8  A  qualified  voter  may,  upon  the  examination  of  such  list,  file 
a  written  challenge  of  the  qualifications  as  a  voter  of  any  person 
whose  name  appears  on  such  list.  Such  challenge  shall  be  written 
and  shall  be  on  blanks  to  be  furnished  by  the  board  of  education. 

9  In  each  city  of  the  State  having  a  population  of  fifty  thousand 
or  less  by  the  last  preceding  census  any  person  possessing  qualifica- 
tions which  entitle  him  or  her  to  vote  at  a  school  election  as  pre- 
scribed in  section  210  of  this  chapter  may  vote  at  any  such  election 
held  within  his  school  election  district  without  any  previous  registra- 
tion or  poll  listing  under  the  provisions  of  subdivisions  one  to  eight, 
both  inclusive,  of  this  section.  The  provisions  of  sections  208  to 
218,  both  inclusive,  except  as  herein  modified,  are  hereby  made 
applicable  to  the  conduct  of  elections  in  the  school  election  districts 
of  such  cities  having  a  population  of  fifty  thousand  or  less  in  all 
respects  not  inconsistent  with  the  provisions  hereof.  [Added  by 
L.  1917,  ch.  791.  Subdivision  9  added  by  L.  1921,  ch.  384,  in  effect 
April  30,  1921.] 

§  214  Inspectors  of  election;  organization.  The  board  of 
education  shall  appoint  not  less  than  ten  days  prior  to  each  school 
election  three  qualified  voters  residing  in  each  school  election  district 
to  act  as  inspectors  of  elections  in  such  district  at  the  annual  election. 
The  secretary  or  clerk  of  the  board  of  education  shall  given^  written 
notice  of  appointment  to  the  persons  so  appointed.  If  a  person 
appointed  an  inspector  of  election  refuses  to  accept  such  appoint- 
ment or  fails  to  serve,  the  board  may  appoint  a  qualified  voter  of  the 
school  election  district  to  fill  the  vacancy.  Not  more  than  two  addi- 
tional inspectors  of  elections  for  each  district  may  be  appointed  for 
one  or  more  of  such  school  election  districts,  when,  in  the  opinion  of 
the  board,  special  circumstances  exist  requiring  the  services  of  such 
additional  inspectors.  Such  inspectors  shall,  before  opening  the  polls 
in  the  election  district  for  which  they  are  appointed,  organize  by 
electing  one  of  their  number  as  chairman,  and  one  as  poll  clerk. 
Each  inspector*shall  receive  for  his  services  a  compensation  of  three 
dollars,  to  be  paid  out  of  the  school  funds  in  the  same  manner  as 
other  claims  against  the  city  or  district.  [Added  by  L.  1917,  ch.  79l, 
in  effect  June  8, 1917.] 

§  215  Nomination  and  ballot.  1  Candidates  for  members  of 
the  board  of  education  in  a  city  to  which  this  article  applies  shall  be 


1  So  in  original. 


74  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

nominated  by  petition  directed  to  the  board  of  education  and  signed 
by  at  least  thirty  persons  qualified  to  vote  at  school  elections  in  such 
city.  Such  petition  shall  contain  the  name  and  residences  of  the 
candidates  for  the  vacancies  in  the  board  of  education  to  be  filled  at 
the  annual  election  and  shall  state  whether  such  candidates  are 
nominated  for  full  terms  or  for  the  unexpired  portions  of  such  terms. 
Such  petitions  shall  be  filed  with  the  secretary  or  clerk  of  the  board 
of  education  on  or  before  the  tenth  day  preceding  the  day  of  the 
annual  election. 

2  The  board  of  education  shall  cause  to  be  printed  official  ballots 
containing  the  names  of  all  candidates  as  above  provided.  The 
ballots  shall  separately  state  whether  the  persons  named  thereon  are 
candidates  for  full  terms  or  for  unexpired  terms.  The  names  of 
the  candidates  shall  be  arranged  alphabetically  according  to  their 
surnames  in  columns  under  titles  or  designations  showing  whether 
they  are  to  be  elected  for  full  terms  or  unexpired  terms.  Blank 
spaces  shall  be  provided  so  that  voters  may  vote  for  candidates  who 
have  not  been  nominated  for  the  offices  to  be  filled  at  such  election. 
The  form  of  such  ballots  shall  conform  substantially  to  the  form 
of  ballots  used  at  general  elections  as  prescribed  in  the  election  law. 
Such  ballots  shall  be  printed  at  the  expense  of  the  city  and  the  cost 
thereof  shall  be  paid  out  of  funds  appropriated  for  school  purposes 
and  available  therefor. 

3  There  shall  be  delivered  to  the  inspectors  in  each  school  election 
district  on  the  day  of  the  annual  election  a  supply  of  such  ballots 
which  shall  at  least  equal  the  number  of  qualified  voters  in  such 
district  as  appears  from  the  poll  list  thereof. 

4  Such  ballots  shall  have  printed  thereon  instructions  as  to  the 
marking  of  the  ballots  and  the  number  of  candidates  for  the  several 
offices  for  which  a  voter  is  permitted  to  vote. 

5  If  official  ballots  are  not  furnished  as  above  provided,  an  elec- 
tion of  members  of  a  board  of  education  in  such  city  shall  not  be 
declared  invalid  or  illegal  because  of  the  use  of  ballots  which  do  not 
conform  to  the  requirements  of  this  section  or  of  the  provisions  of 
the  election  law,  provided  the  intent  of  the  voter  may  be  ascertained 

.  from  the  use  of  such  irregular  or  defective  ballots  and  such  use  was 
not  fraudulent  and  did  not  substantially  affect  the  result  of  the  elec- 

'  tion.     [Added  by  L.  1917,  ch.  791,  in  effect  June  8, 1917.] 

§  216  Conduct  of  election;  challenges.  1  Such  election  shall 
be  conducted,  so  far  as  may  be,  in  accordance  with  the  provisions 
of  the  election  law,  relative  to  general  elections,  except  as  otherwise 
provided  herein.      Ballot  boxes  shall  be  provided  by  the  board  of 


EDUCATION    LAW  75 

education  for  each  school  election  district,  one  to  contain  the  ballots 
voted  and  the  other  for  the  rejected  or  defective  ballots. 

2  All  persons  whose  names  appear  upon  the  poll  list  as  residing 
in  such  election  district  shall  be  permitted  to  vote  and  shall  be  given 
ballots  for  such  purpose. 

3  Booths  shall  be  provided  and  voters  shall  be  required  to  enter 
such  booths  for  the  purpose  of  marking  their  ballots.  The  ballots 
when  presented  to  the  inspector  shall  be  folded  so  as  to  conceal  the 
names  of  the  candidates  for  whom  the  voter  has  voted. 

4  All  voters  entitled  to  vote  who  are  in  the  place  where  the 
election  is  held  at  or  before  the  time  of  closing  the  polls  shall  be 
allowed  to  vote.  The  inspectors  shall  keep  a  poll  list,  containing 
the  name  and  address  of  each  qualified  elector  who  votes  at  such 
election  for  the  candidates  or  propositions  or  questions  voted  for 
thereat. 

5  Any  qualified  voter  of  a  district  may  challenge  the  right  of  a 
person  to  vote  at  the  time  when  he  requests  a  ballot.  All  ])ersons 
named  upon  the  poll  list  as  having  been  challenged  prior  to  the  day 
of  the  election  shall  also  be  challeng^ed  before  they  are  given  ballots 
to  vote.  The  chairman  of  the  board  of  inspectors  shall  administer 
to  each  person  so  challenged  the  following  oath :  "  I  do  solemnly 
swear  (or  affirm)  that  I  am  a  citizen  of  the  United  States;  that  I 
am  of  the  age  of  twenty-one  years  or  more;  that  I  have  been  for 
the  thirty  days  last  past  an  actual  resident  of  this  city;  and  that  in 
addition  thereto  I  possess  one  of  the  four  qualifications  prescribed 
by  section  210  of  the  education  law,  to  wit:  —  (Here  state  facts  upon 
which  qualifications  are  claimed),  and  am  therefore  qualified  to 
vote  at  this  election."  The  chairman  of  the  board  of  inspectors 
shall  before  administering  such  oath  inform  the  person  so  challenged 
of  the  four  qualifications  prescribed  by  such  section.  If  the  person 
challenged  so  swears  or  affirms,  he  shall  be  permitted  to  vote  at 
such  election;  but  if  he  shall  refuse  to  so  swear  or  affirm,  he  shall 
not  be  given  a  ballot  or  be  permitted  to  vote. 

6  A  person  who  wilfully  swears  or  affirms  falsely  as  to  his  right 
to  vote  at  such^election  after  liis  right  to  vote  has  been  challenged  is 
guilty  of  perjury  and  may  be  punished  in  the  manner  provided  by 
law  for  the  punishment  of  such  crime.  A  person  who  is  not  quali- 
fied to  vote  at  such  election  who  shall  vote  thereat,  although  not 
challenged,  shall  be  guilty  of  misdemeanor,  punishable  by  a  fine  of 
not  less  than  twenty-five  dollars,  or  by  imprisonment  for  not  less 
than  thirty  days,  or  by  both  such  fine  and  imprisonment.  [Added 
by  L.  1917,  ch.  791,  in  effect  June  8,  1917.] 


76  THE   UNIVERSITY   OF   THE   STATE   OF    NEW   YORK 

§  217  Canvass  of  votes  and  return  to  board  of  education; 
declaration  of  result.  1  Immediately  upon  the  close  of  the  polls 
the  inspectors  of  each  school  election  district  shall  count  the  ballots 
found  in  the  ballot  box  without  unfolding  them,  except  so  far  as  is 
necessary  to  ascertain  that  each  ballot  is  single.  They  shall  compare 
the  number  of  ballots  found  in  the  ballot  box  with  the  number  of 
persons  recorded  on  the  poll  list  as  having  voted  at  the  election. 
If  the  number  of  ballots  found  in  the  ballot  box  shall  exceed  the 
number  of  names,  such  ballots  shall  be  replaced  without  being 
unfolded  in  the  box  from  which  they  were  taken  and  shall  be  thor- 
oughly mingled  in  such  box  and  one  of  the  inspectors  designated 
by  the  board  shall  then  publicly  draw  out  as  many  ballots  as  shall  be 
equal  to  the  number  of  excess  ballots.  The  ballots  so  drawn  out 
shall  be  enclosed  without  unfolding  in  an  envelop  which  shall  be 
sealed  and  endorsed  with  a  statement  of  the  number  of  such  excess 
ballots  withdrawn  from  the  box  and  shall  be  signed  by  the  inspector 
who  withdrew  such  ballots.  Such  envelop  with  the  excess  ballots 
therein  shall  be  placed  in  the  box  for  the  defective  or  spoiled  ballots. 

2  The  ballots  shall  be  counted  or  canvassed  by  the  inspectors  in 
the  manner  provided  for  the  canvassing  of  ballots  at  a  general  elec- 
tion except  as  otherwise  provided  herein.  The  votes  cast  for  each 
candidate  shall  be  tallied  and  counted  by  the  inspectors  and  a  state- 
ment shall  be  made  containing  the  names  of  each  candidate  receiving 
votes  in  such  district  and  the  number  of  votes  cast  for  each  candidate. 
Such  statement  shall  also  give  the  number  and  describe  the  ballots 
which  are  declared  void  and  shall  also  specify  the  number  of  wholly 
blank  ballots  cast.  Such  statement  shall  be  signed  by  the  inspectors. 
The  ballots  which  were  declared  void  and  not  counted  shall  be 
inclosed  in  an  envelop  which  shall  be  sealed  and  endorsed  as  con- 
taining void  ballots  and  signed  by  the  inspectors.  Such  envelop 
shall  be  placed  in  the  ballot  box  containing  the  defective  and  spoiled 
ballots. 

3  After  the  ballots  are  counted  and  the  statements  have  been 
made  as  required  herein  the  ballots  shall  be  replaced  in  the  ballot 
box.  Each  box  shall  be  securely  locked  and  sealed  and  deposited 
by  an  inspector  designated  for  the  purpose  with  the  secretary  or 
clerk  of  the  board  of  education.  The  unused  ballots  shall  be  placed 
in  a  sealed  package  and  returned  by  the  inspector  designated  for  such 
purpose  to  the  said  secretary  or  clerk  at  the  same  time  that  such 
ballot  boxes  are  delivered  to  him.  The  statement  of  the  canvass  of 
the  votes  shall  be  delivered  to  the  secretary  or  clerk  of  the  board  of 
education  on  the  day  following  the  annual  election. 


EDUCATION    LAW  77 

4  The  ])oard  of  education  shall  meet  at  the  usual  place  of  meeting 
at  eight  o'clock  in  the  evening  of  the  day  following  such  election  and 
shall  forthwith  examine  and  tabulate  the  statements  of  the  result 
of  the  election  in  the  several  school  election  districts.  The  said 
board  shall  canvass  the  returns  as  contained  in  such  statements  and 
shall  determine  the  number  of  votes  cast  for  each  candidate  in  the 
several  school  election  districts.  The  board  shall  thereupon  declare 
the  result  of  the  canvass.  The  candidates  receiving  a  plurality  of 
the  votes  cast  respectively  for  the  several  offices  shall  be  declared 
elected.  The  secretary  or  clerk  of  the  board  of  education  shall 
record  the  result  of  the  election  as  announced  by  the  board  of 
education. 

5  The  secretary  or  clerk  of  the  board  of  education  shall  within 
twenty- four  hours  after  the  result  of  the  election  has  been  declared 
serve  a  written  notice  either  personally  or  by  mail  upon  each  person 
declared  to  be  elected  as  a  member  of  the  board  of  education. 
[Added  by  L.  1917,  ch.  791,  in  effect  June  8,  191.7.] 

§  218  Use  of  voting  machines.  In  a  city  in  which  voting 
machines  are  used  at  general  or  municipal  elections,  it  shall  be  lawful 
for  the  board  of  education  of  such  city  to  authorize  the  use  of  such 
voting  machines  at  a  school  election.  When  such  voting  machines 
are  used  the  law  relating  to  the  use  of  such  machines  at  a  general  or 
municipal  election  shall  apply  to  and  govern  the  use  of  such  machines 
in  a  school  election.  [Added  by  L.  1917,  ch.  791,  in  effect  June  8, 
1917.] 

ARTICLE  8 

School  District  Officers;  General  Provisions 

Section  220  Officers  of  district 

221  Qualifications  of  officers 

222  Ineligibility  to  office 

223  Oath  of  office 

224  Terms  of  office 

225  Terms  of  officers  of  newly  created  district 

226  Number  of  trustees;  determination  of  change 

227  Election  of  officers     ' 

228  Notice  and  acceptance  of  election 

229  Refusal  of  trustee  to  serve 

230  Penalty  for  refusal  to  serve  or  perform  duty 

231  Resignation  of  district  officers 

232  Vacating  office 

233  Filling  vacancy  in  office  of  trustee 

234  Filling  vacancy  in  office  of  clerk,  collector  or  treasurer 

235  Notice  of  appointment  to  fill  vacancy  and  filing  thereof 

236  District  records,  books,  et  cetera,  are  district  property 


78  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  220  Officers  of  district.  1  Each  school  district  shall  have 
from  one  to  three  trustees  as  the  district  determines,  a  clerk,  a  col- 
lector and  if  the  district  so  decides  a  treasurer. 

2  A  union  free  school  district  shall  have  from  three  to  nine 
trustees  as  the  district  shall  determine. 

§  221  Qualifications  of  officers.  Every  school  district  officer 
must  be  able  to  read  and  write  and  must  be  a  qualified  voter  of  the 
district. 

§  222  Ineligibility  to  office.  1  No  school  commissioner  or 
supervisor  is  eligible  to  the  office  of  trustee  or  member  of  a  board 
of  education,  and  no  trustee  can  hold  the  office  of  district  clerk, 
collector,  treasurer  or  librarian. 

2  A  person  removed  from  a  school  district  office  shall  be  ineli- 
gible to  appointment  or  election  to  any  district  office  for  a  period  of 
one  year  from  the  date  of  such  removal. 

3  Not  more  than  one  member  of  a  family  shall  be  a  member  of 
the  same  board  of  education  in  any  school  district. 

§  223  Oath  of  office.  No  officer  of  a  school  district  shall  be 
required  to  take  the  constitutional  oath  of  office. 

§  224  Term  of  office.  1  In  a  district  having  three  or  more 
trustees  the  full  term  of  office  of  trustee  shall  be  three  years,  but 
a  trustee  may  be  elected  for  one  or  two  years  as  provided  in  this 
chapter. 

2  In  a  district  having  a  sole  trustee  the  term  of  office  of  trustee 
shall  be  one  year. 

3  The  term  of  office  of  all  other  district  officers  shall  be  one  year. 

4  One  year,  within  the  meaning  of  this  section,  is  a  school  year. 
A  school  year  shall  be  from  August  first  until  July  thirty-first 
following.     [Subdivision  4  amended  by  L.  1910,  ch.  442.] 

§  225  Terms  of  officers  of  newly  created  district.  The  terms 
of  all  officers  elected  at  the  first  meeting  of  a  newly  created  district 
shall  expire  on  the  first  Tuesday  of  May  next  thereafter. 
[Amended  by  L.  1913,  ch.  129.] 

§  226  Number  of  trustees;  determination  of  change.  1  At 
the  first  annual  meeting  next  after  the  erection  of  a  district  the 
electors  shall  determine,  by  resolution,  whether  the  district  shall 
have  one  or  three  trustees;  and  if  they  resolve  to  have  three  trus- 
tees, shall  elect  the  three  for  one,  two  and  three  years,  respectively, 
and  shall  designate  by  their  votes  for  which  term  each  is  elected; 
thereafter  in  such  district,  one  trustee  shall  be  elected  at  each  annual 
meeting  to  fill  the  office  of  the  outgoing  trustee. 


EDUCATION    LAW  79 

2  The  electors  of  any  district  having  three  trustees  shall  have 
power  to  decide  at  any  annual  meeting  by  a  majority  vote  of  those 
present  and  voting,  whether  the  district  shall  have  a  sole  trustee 
or  three  trustees.  If  they  resolve  to  have  a  sole  trustee,  the  trustees 
in  office  shall  continue  in  office  until  their  terms  of  office  shall 
expire.  No  election  of  a  trustee  shall  be  had  in  the  district  until 
the  offices  of  such  trustees  shall  become  vacant  by  the  expiration 
of  their  terms  of  office  or  otherwise,  and  thereafter  but  one  trustee 
shall  be  elected  for  said  district. 

3  The  electors  of  a  district  having  but  one  trustee  may  determine 
at  an  annual  meeting,  by  a  two-thirds  vote  of  the  legal  voters  present 
thereat,  to  have  three  trustees;  and  upon  the  adoption  of  a  resolu- 
tion to  that  effect,  shall  proceed  to  elect  three  trustees  or  such 
number  as  may  be  necessary  to  form  a  board  of  three  trustees,  in 
the  same  manner  as  provided  in  this  section  for  the  election  of 
three  trustees  at  the  first  annual  meeting  after  the  erection  of  a 
district;  and  thereafter  in  such  district,  one  trustee  shall  be  elected 
for  three  years,  at  each  annual  meeting,  to  fill  the  office  of  the 
outgoing  trustee. 

§  227  Election  of  officers.  1  All  district  officers  shall  be 
elected  by  ballot  and  the  trustees  shall  provide  a  suitable  ballot  box 
for  such  purpose. 

2  Two  inspectors  of  election  shall  be  appointed  in  such  manner 
as  the  meeting  shall  determine,  who  shall  receive  the  votes  cast, 
canvass  the  same  and  announce  the  result  of  the  ballot  to  the 
chairman. 

3  A  poll-list  containing  the  name  of  every  person  whose  vote 
shall  be  received  shall  be  kept  by  the  clerk  of  the  meeting. 

4  The  ballots  shall  be  written  or  printed,  or  partly  written  and 
partly  printed,  containing  the  name  of  the  person  voted  for  and 
designating  the  office  for  which  each  is  voted. 

5  The  chairman  shall  declare  to  the  meeting  the  result  of  each 
ballot,  as  announced  to  him  by  the  inspectors,  and  the  persons  hav- 
ing the  majority  of  votes,  respectively,  for  the  several  officers,^ 
shall  be  elected. 

§  228  Notice  and  acceptance  of  election.  1  The  district  clerk 
shall  forthwith  notify  in  writing  each  person  elected  to  office  of  his 
election  and  the  date  thereof. 

2  Such  person  shall  be  deemed  to  have  accepted  the  office,  unless 
within  five  days  after  the  service  of  such  notice,  he  shall  file  his 


So  in  original. 


80  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

written  refusal  with  the  clerk.  The  presence  of  any  such  person 
at  the  meeting  which  elects  him  to  office,  shall  be  deemed  a  suffi- 
cient notice  to  him  of  his  election. 

§  229  Refusal  of  trustee  to  serve.  A  trustee  who  publicly 
declares  that  he  will  not  accept  or  serve  in  the  office  of  trustee, 
or  refuses  or  neglects  to  attend  three  successive  meetings  of  the 
board,  of  which  he  is  duly  notified,  without  rendering  a  good  and 
valid  excuse  therefor  to  the  other  trustees  vacates  his  office  by  refusal 
to  serve. 

§  230  Penalty  for  refusal  to  serve  or  perform  duty.  1  Every 
person  chosen  or  appointed  to  a  school  district  office  and  being  duly 
qualified  to  fill  the  same  who  shall  refuse  to  serve  therein  shall 
forfeit  the  sum  of  five  dollars. 

2  Every  person  chosen  or  appointed  to  a  school  district  office 
and  not  refusing  to  accept  the  same  who  shall  wilfully  neglect  or 
refuse  to  perform  any  duty  thereof  shall  by  such  neglect  or  refusal 
vacate  his  office  and  also  forfeit  the  sum  of  ten  dollars. 

3  The  school  commissioner  of  the  commissioner  district  wherein 
any  such  person  resides  may  accept  his  written  resignation  of  the 
office,  and  the  filing  of  such  resignation  and  acceptance  in  the  office 
of  the  district  clerk  shall  be  a  bar  to  the  recovery  of  either  penalty 
under  this  section. 

4  These  penalties  shall  be  for  the  benefit  of  the  district  for  which 
such  officer  was  appointed  or  elected. 

'  §  231  Resignation  of  district  officers.  A  school  district  officer 
may  resign  to  a  district  meeting.  Such  officer  shall  also  be  deemed 
to  have  resigned  if  he  files  a  written  resignation  with  the  school 
commissioner  of  his  district  and  such  commissioner  indorses  thereon 
his  approval  and  files  the  same  with  the  district  clerk. 

§  232  Vacating  office.  1  A  school  district  office  becomes 
vacant  by  the  death,  resignation,  refusal  to  serve,  incapacity, 
removal  from  the  district  or  from  office. 

2  The  collector  or  treasurer  vacates  his  office  by  not  executing 
a  bond  to  the  trustees,  as  herein  required. 

3  A  trustee  or  a  member  of  a  board  of  education  vacates  his 
office  by  the  acceptance  of  either  the  office  of  school  commissioner 
or  supervisor. 

§  233  Filling  vacancy  in  office  of  trustee.  1  A  vacancy  in 
the  office  of  trustee  in  any  district  may  be  filled  by  election  within 
thirty  days  after  it  occurs.  If  not  so  filled  the  school  commissioner 
of  the  commissioner  district,  within  which  the  schoolhouse  or  prin- 


EDUCATION   LAW  81 

cipal  schoolhouse  of  the  district  is  situated,  may  appoint  a  competent 
person  to  fill  it. 

2  If  a  .vacancy  in  the  office  of  trustee  in  a  union  free  school 
district  exists  the  Commissioner  of  Education  may  order  a  special 
election  for  filling  such  vacancy.  When  such  special  election  is 
ordered  the  vacancy  shall  not  be  filled  otherwise. 

3  If  such  vacancy  is  supplied  by  a  district  meeting,  it  shall  be 
for  the  balance  of  the  unexpired  term;  but  when  such  vacancy  is 
supplied  by  appointment  by  a  school  commissioner  it  shall  be  only 
until  the  next  annual  meeting  of  the  district. 

§  234  Filling  vacancy  in  office  of  clerk,  collector  or  treasurer. 
A  vacancy  in  the  office  of  clerk,  collector  or  treasurer,  may  be  filled 
by  appointment  by  the  trustees  of  the  district,  and  the  appointees 
shall  hold  their  respective  offices  until  the  next  annual  meeting  of 
the  district,  and  until  their  successors  are  elected  and  have  qualified. 

§  235  Notice  of  appointment  to  fill  vacancy  and  filing  thereof. 
Every  appointment  to  fill  a  vacancy  shall  be  forthwith  filed,  by  the 
school  commissioner  or  trustees  making  it,  in  the  office  of  the  dis- 
trict clerk,  who  shall  immediately  give  notice  of  the  appointment 
to  the  person  appointed. 

§  236  District  records,  books  etc.,  are  district  property.  The 
records,  books  and  papers  belonging  or  appertaining  to  the  office  of 
any  officer  of  a  school  district  are  hereby  declared  to  be  the  prop- 
erty of  such  district  and  shall  be  open  for  inspection  by  any  qualified 
voter  of  the  district  at  all  reasonable  hours,  and  any  such  voter  may 
make  copies  thereof. 

ARTICLE  9 

District  Clerk;  Treasurer;  Collector 

Section  250  Duties  of  district  clerk 

251  Duties  of  district  treasurer 

252  Collector's  bond 

253  Collector  to  disburse  teachers'  fund 

254  Clerk,  treasurer  and  collector  in  union  free  school  district 

255  Payments  and  reports  by  collector 

256  Liability  of  collector  for  moneys  lost 

257  Remedy  of  trustees  against  collector  in  default 

§  250  Duties  of  district  clerk.  It  shall  be  the  duty  of  the  clerk 
of  each  school  district: 

1  To  record  the  proceedings  of  all  meetings  of  the  voters  of  his 
district  in  a  book  to  be  provided  for  that  purpose  by  the  district, 


82  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

and  to  enter  therein  true  copies  of  all  reports  made  by  the  trustees 
to  the  school  commissioner. 

2  To  give  notice,  in  the  manner  prescribed  by  section  191,  of 
the  time  and  place  of  holding  special  district  meetings  called  by 
the  trustees. 

3  To  affix  a  notice  in  writing  of  the  time  and  place  of  any 
adjourned  meeting,  when  the  meeting  shall  have  been  adjourned 
for  a  longer  time  than  one  month,  in  at  least  five  of  the  most  public 
phces  of  such  district,  at  least  five  days  before  the  time  appointed 
for  such  adjourned  meeting. 

4  To  give  the  required  notice  of  every  annual  district  meeting. 

5  To  give  notice  immediately  to  every  person  elected  or  ap- 
pointed to  office  of  his  election  or  appointment;  and  also  to  report 
to  the  town  clerk  of  the  town  in  which  the  schoolhouse  of  his 
district  is  situated,  the  names  and  post-office  addresses  of  such 
officers,  under  a  penalty  of  five  dollars  for  neglect  in  each  instance. 

6  To  notify  the  trustees  of  every  resignation  duly  accepted  by 
the  school  commissioner. 

7  To  keep  and  preserve  all  records,  books  and  papers  belonging 
to  his  office  and  to  deliver  the  same  to  his  successor.  For  a  refusal 
or  neglect  so  to  do,  he  shall  forfeit  fifty  dollars  for  the  benefit  of 
the  schools  of  the  district,  to  be  recovered  by  the  trustees. 

8  To  obey  the  order  of  the  school  commissioners  as  to  depositing 
the  books,  papers  and  records  of  his  office  in  the  town  clerk's  office 
in  case  the  district  shall  be  dissolved. 

9  To  attend  all  meetings  of  the  board  of  trustees  when  notified, 
and  keep  a  record  of  their  proceedings  in  a  book  provided  for  that 
purpose. 

10  To  call  special  meetings  of  the  inhabitants  whenever  all  the 
trustees  of  the  district  shall  have  vacated  their  office. 

11  To  immediately  notify  the  county  treasurer  of  the  name  and 
address  of  persons  elected  to  the  office  of  district  treasurer,  if  a 
treasurer  is  elected,  and  of  the  district  collector.  [Subdivision  11, 
added  by  L.  1916,  ch.  314.] 

§  251  Duties  of  district  treasurer.  1  The  treasurer  of  a 
school  district  shall  be  the  custodian  of  all  moneys  belonging  to 
the  district  from  whatever  source  derived,  and  it  is  hereby  made 
the  duty  of  the  trustees  of  such  district  to  pay  to  such  treasurer 
any  and  all  moneys  that  may  come  into  their  hands  belonging  to 
such  district  derived  from  sales  of  personal  or  real  property  of  the 
district,  from  insurance  policies,  from  bonds  of  the  district  issued 
and  sold  by  them,  or  from  any  other  source  whatever. 


EDUCATION    LAW  83 

2  The  collector  of  such  district  shall  pay  over  to  such  treasurer 
all  moneys  collected  by  him  under  and  by  virtue  of  any  tax  list  and 
warrant  issued  and  delivered  to  him. 

3  Such  treasurer  is  hereby  authorized  and  empowered  to  demand 
and  receive  from  the  supervisor  of  the  town  in  which  such  school 
district  is  situated  all  public  money  apportioned  to  said  district. 

4  It  shall  be  the  duty  of  such  treasurer  within  ten  days  after 
notice  of  his  election  to  execute  and  deliver  to  the  trustees  of  such 
district,  his  bond  in  such  sum  as  shall  have  been  fixed  by  a  district 
meeting  or  as  such  trustees  shall  require,  with  at  least  two  sureties 
to  be  approved  by  such  trustees,  conditioned  to  faithfully  discharge 
the  duties  of  his  office,  and  to  well  and  truly  account  for  all  moneys 
received  by  him,  and  to  pay  over  any  sums  of  money  remaining 
in  his  hands  to  his  successor  in  office.  Such  bond  when  so  executed 
and  approved  in  writing  by  such  trustees  shall  be  filed  with  the 
district  clerk. 

5  No  moneys  shall  be  paid  out  or  disbursed  by  such  treasurer 
except  upon  the  written  orders  of  a  sole  trustee,  or  a  majority  of 
the  trustees. 

6  Such  treasurer  shall,  whenever  required  by  such  trustees 
report  to  them  a  detailed  statement  of  the  moneys  received  by  him, 
and  his  disbursements,^  and  at  the  annual  meeting  of  such  district 
he  shall  render  a  full  account  of  all  moneys  received  by  him,  and 
from  what  source,  and  when  received  and  all  disbursements  made 
by  him  and  to  whom  and  the  dates  of  such  disbursements  respec- 
tively, and  the  balance  of  moneys  remaining  in  his  hands. 

§  252  Collector's  bond.  1  Within  such  time,  not  less  than  ten 
days,  as  the  trustees  shall  allow  him  for  the  purpose,  the  collector, 
before  receiving  the  first  warrant  for  the  collection  of  money,  shall 
execute  a  bond  to  the  trustees,  with  one  or  more  sureties,  to  be 
approved  by  a  majority  of  the  trustees,  in  such  amount  as  the  dis- 
trict meeting  shall  have  fixed,  or  if  such  meeting  shall  not  have 
fixed  the  amount  then  in  such  amount  as  the  trustees  shall  deem 
reasonable,  conditioned  for  the  due  and  faithful  execution  of  the 
duties  of  his  office. 

2  The  trustees,  upon  receiving  said  bond,  shall,  if  they  approve 
thereof,  indorse  their  approval  thereon,  and  forthwith  deliver  the 
same  to  the  town  clerk  of  the  town  in  which  said  collector  resides, 
and  said  clerk  shall  file  the  same  in  his  office,  and  enter  in  a  book 
to  be  kept  by  him  for  that  purpose,  a  memorandum,  showing  the 


1  So  in  original. 


84-  THE    UNIVERSITY   OF   THE   STATE   OF    NEW    YORK 

date  of  said  bond,  the  names  of  the  parties  and  sureties  thereto, 
the  amount  of  the  penalty  thereof,  and  the  date  and  time  of  fihng" 
the  same,  and  said  town  clerk  is  authorized  to  receive  as  a  fee  for 
such  filing  and  memorandum  the  sum  of  twenty-five  cents,  which 
sum  is  hereby  made  a  charge  against  the  school  district  interested 
in  said  bond. 

§  253  Collector  to  disburse  teachers'  fund.  1  The  trustees  of 
a  school  district  which  has  not  a  treasurer  may  direct  by  resolution 
duly  entered  on  the  minutes  of  their  proceedings  the  collector  of 
such  district  to  disburse  to  teachers  the  money  apportioned  by  the 
State  for  teachers'  salaries. 

2  The  collector  shall  thereupon  execute  a  bond  to  the  trustees, 
with  two  or  more  sureties,  in  double  the  amount  of  the  last  appor- 
tionment, with  like  condition  of  sureties,  approval  of  trustees,  and 
amount  and  like  directions  as  to  filing  as  are  required  in  the  pre- 
ceding section  for  a  bond  for  the  collection  of  taxes,  and  conditioned 
also  for  the  due  and  faithful  execution  of  the  duties  of  his  office 
as  such  disbursing  agent. 

§  254  Clerk,  treasurer  and  collector  in  union  free  school  dis- 
trict. 1  In  every  union  free  school  district  the  board  of  educa- 
tion shall  have  power  to  appoint  one  of  their  number,  or  some  other 
qualified  voter  in  said  district  who  is  not  a  teacher  employed  therein 
as  clerk  of  the  board  of  education  of  such  district. 

2  Such  clerk  shall  also  act  as  clerk  of  said  district,  and  shall 
perform  all  the  clerical  and  other  duties  pertaining  to  his  office^ 
and  for  his  services  he  shall  be  entitled  to  receive  such  compensation 
as  shall  be  fixed  at  an  annual  meeting  of  such  district. 

3  In  case  no  provision  is  made  at  art  annual  meeting  for  the 
compensation  of  a  clerk  the  board  of  education  may  fix  the  same. 

4  Said  board  of  education  in  every  union  free  school  district 
whose  limits  do  not  correspond  with  those  of  an  incorporated  vil- 
lage or  city  shall  appoint  a  district  treasurer,  and  a  collector  who 
shall  hold  office  during  the  pleasure  of  the  board.  The  board  shall 
also  fix  the  compensation  of  the  treasurer.  In  case  the  board  of 
education  appoints  as  its  collector  the  receiver  or  collector  of  taxes 
of  a  village  located  wholly  or  in  part  within  the  boundaries  of  the 
school  district,  the  board  of  education  is  authorized  to  pay  such 
receiver  or  collector  a  fixed  compensation  to  be  agreed  upon,  in 
lieu  of  all  fees  or  other  charges  to  which  a  school  district  collector 
might  be  entitled,  under  the  provisions  of  this  chapter.  All  fees 
or  other  charges  collected  by  such  receiver  or  collector  upon  school 
taxes  or  assessments  under  the  provisions  of  this  chapter  shall  belong 


EDUCATION    LAW  ,  85 

to  the  school  district  and  shall  be  paid  into  the  school  district  funds. 
[Subdivision  4  as  amended  by  L.  1922,  ch.  314,  in  effect  March  28, 
1022.] 

4  Said  board  of  education  in  every  union  free  school  district 
whose  limits  do  not  correspond  with  those  of  an  incorporated  vil- 
lage or  city  shall  appoint  a  district  treasurer,  and  a  collector  who 
shall  hold  office  during  the  pleasure  of  the  board.  The  board  shall 
also  fix  the  compsenation  of  the  treasurer.  The  board  may  desig- 
nate a  bank,  banks  or  banker  for  the  deposit  of  all  moneys  received 
by  the  treasurer  and  may  require  of  any  such  banks  or  banker 
security  for  the  repayment  thereof.  It  may  require  a  report  by 
the  cashier  of  such  bank,  banks  or  banker  to  be  submitted  at  any 
regular  meeting  of  the  board  of  the  amount  of  deposit  to  the  credit 
of  the  treasurer.  [Subdivision  4  as  amended  by  L.  1922,  ch.  328, 
in  effect  March  28,  1922.] 

5  Such  treasurer  and  collector  shall  each,  and  within  ten  days 
after  notice  in  writing  of  his  appointment,  duly  served  upon  him, 
and  before  entering  upon  the  duties  of  his  office,  execute  and  deHver 
to  the  said  board  of  education  a  bond,  with  sufficient  penalty  and 
sureties  as  the  board  may  require,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office ;  and  in  case  such  bond  shall  not  be 
given  within  the  time  specified,  such  office  shall  thereby  become 
vacant,  and  said  board  shall  thereupon,  by  appointment,  fill  such 
vacancy. 

6  So  much  of  this  section  as  relates  to  the  election  of  a  clerk 
shall  not  apply  to  the  towns  of  Cortlandt  and  White  Plains  in 
Westchester  county. 

§  255  Payments  and  reports  by  collector.  1  The  collector 
shall  keep  in  his  possession  all  moneys  received  or  collected  by  him 
by  virtue  of  any  warrant,  or  received  by  him  from  the  county  treas- 
urer or  board  of  supervisors  for  taxes  returned  as  unpaid,  or  moneys 
apportioned  by  the  State  or  raised  by  direct  taxation  for  teachers* 
wages  or  library,  and  pay  the  same  out  upon  the  written  order 
of  a  majority  of  the  trustees. 

2  When  a  treasurer  shall  have  been  elected  in  a  district,  the 
collector  shall  pay  over  the  moneys  collected  by  him  by  virtue  of 
his  warrant,  to  said  treasurer  as  provided  in  section  251 ;  and  he 
shall  report  in  writing,  at  the  annual  meeting,  all  his  collections, 
receipts  and  disbursements,  and  shall  report  to  the  supervisor  on 
or  before  the  first  Tuesday  of  March  in  each  year  the  amounts 
of  school  moneys  in  his  hands  not  paid  out  on  trustees'  orders,  and 
shall  pay  to  his  successor  in  office,  when  such  successor  has  duly 


S6  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

qualified  and  given  a  bond  as  required  by  section  252,  all  moneys 
in  his  hands  belonging  to  the  district. 

§  256  Liability  of  collector  for  moneys  lost.  If  by  the  neglect 
of  the  collector  any  moneys  shall  be  lost  to  a  school  district,  which 
might  have  been  collected  within  the  time  limited  in  the  warrant 
delivered  to  him  for  their  collection,  he  shall  forfeit  to  such  district 
the  amount  of  the  moneys  thus  lost,  and  shall  account  for  and  pay 
over  the  same  to  the  trustees  of  such  district,  in  the  same  manner 
as  if  tliey  had  been  collected. 

§  257  Remedy  of  trustees  against  collector  in  default.      For 

the  recovery  of  all  such  forfeitures,  and  of  all  balances,  in  the  hands 
of  the  collector,  which  he  shall  have  neglected  or  refused  to  pay 
to  his  successor,  or  to  the  treasurer  of  such  district,  the  trustees, 
in  their  name  of  office,  shall  have  their  remedy  upon  the  official 
bond  of  the  collector,  or  any  action  and  any  remedy  given  by  law; 
and  thty  shall  apply  all  such  moneys,  when  recovered,  in  the  same 
manner  as  if  paid  without  suit. 


ARTICLE  10 

Trustees 

Section  270  Trustees  constitute  a  board  and  body  corporate 

271  Property  held  by  trustees  as  corporation 

272  Powers  and  duties  of  a  sole  trustee 

273  Mode  of  exercise  of  trustees'  powers 

274  Powers  of  trustees  when  vacancies  on  board  exist 

275  Powers  and  duties  of  trustees 

276  Trustees'  annual  report 

277  Annual  report  of  trustees  of  certain  joint  districts 

278  Trustees'  annual   report  to  district 

279  Penalty  for  failure  of  trustee  to  account 

280  Payment  by  trustee  to  successor 

281  Trustees'  right  to^  action  against  predecessors 

282  Notice  of  nonpayment  of  moneys  apportioned 

283  Taxation  for  expenses  incurred  by  trustees 

284  Issuing  order  in  excess  of  available  funds  a  misdemeanor 

285  Trustees  must  not  be  interested  in  district  contracts 

§  270  Trustees  constitute  a  board  and  body  corporate.     The 

sole  trustee  or  the  trustees  of  a  school  district  shall  constitute  a  board 
for  such  district  and  such  board  is  hereby  created  a  body  corporate. 


1  So  in  original. 


EDUCATION    LAW  87 

§  271  Property  held  by  trustees  as  corporation.  All  property 
which  is  now  vested  in,  or  shall  hereafter  be  transferred  to  the 
trustees  of  a  district,  for  the  use  of  schools  in  the  district,  shall  be 
held  by  them  as  a  corporation. 

§  272  Powers  and  duties  of  a  sole  trustee.  The  sole  trustee 
of  a  district  shall  possess  all  the  powers  and  be  subject  to  all  the 
duties,  liabilities  and  penalties  which  the  law  imposes  upon  a  board 
of  three  trustees. 

§  273  Mode  of  exercise  of  trustees'  powers.  1  The  powers 
committed  by  law  to  the  trustees  of  a  district  must  be  exercised  by 
them  as  a  board.  The  board  must  meet  for  the  transaction  of  busi- 
ness in  accordance  with  notice  of  time  and  place. 

2  In  a  board  composed  of  three  trustees,  when  only  two  meet  to 
dehberate  upon  any  matter,  and  the  third,  if  notified,  does  not  attend, 
or  the  three  meet  and  deliberate  thereon,  the  conclusion  of  two  upon 
the  matter,  and  their  order,  act  or  proceeding  in  relation  thereto,  shall 
be  as  valid  as  though  it  were  the  conclusion,  order,  act  or  proceeding 
of  the  three ;  and  a  recital  of  the  two  in  their  minute  of  the  conclu- 
sion, act  or  proceeding,  or  in  their  order,  act  or  proceeding  of  the 
fact  of  such  notice,  or  of  such  meeting  and  deliberation,  shall  be 
conclusive  evidence  thereof. 

3  A  meeting  of  the  board  may  be  ordered  by  any  member  thereof, 
by  giving  not  less  than  twenty-four  hours'  notice  of  the  same. 

§  274  Powers  of  trustees  when  vacancies  on  board  exist. 
1  While  there  is  one  vacancy  in  the  office  of  trustee,  the  two  trustees 
shall  have  all  the  powers  and  be  subject  to  all  the  duties  and  liabilities 
of  the  three.  And  while  there  are  two  such  vacancies,  the  trustee 
in  office  shall  have  all  the  powers  and  be  subject  to  all  the  duties  and 
liabilities  of  the  three,  as  though  he  were  a  sole  trustee. 

2  When  a  vacancy  shall  occur  in  the  office  of  trustee,  the  board 
shall  immediately  call  a  special  meeting  of  the  district  to  supply  such 
vacancy. 

§  275  Powers  and  duties  of  trustees.  It  shall  be  the  duty  of 
the  trustees  of  a  school  district,  and  they  shall  have  power : 

1  To  call  special  meetings  of  the  inhabitants  of  such  districts 
whenever  they  shall  deem  it  necessary  and  proper. 

2  To  give  notice  of  special,  annual  and  adjourned  meetings  in 
the  manner  prescribed  in  this  chapter,  if  there  be  no  clerk  of  the 
district,  or  he  be  absent  or  incapable  of  acting,  or  shall  refuse 
to  act. 

3  To  make  out  a  tax-list  of  every  district  tax  voted  by  a  district 
meeting,  or  authorized  by  law,  which  shall  contain  the  names  of  all 


88  THE    UNIVERSITY    OF    THE   STATE   OF    NEW    YORK 

the  taxable  inhabitants  residing  in  the  district  at  the  time  of  making 
out  the  Hst,  and  the  amount  of  tax  payable  by  each  inhabitant,  as 
directed  in  article  fifteen  of  this  chapter. 

4  To  purchase  or  lease  such  schoolhouse  sites  and  other  grounds 
to  be  used  for  playgrounds,  or  for  agriculture,  athletic  center  and 
social  center  purposes,  and  to  purchase  or  build  such  schoolhouses 
as  a  district  meeting  may  authorize ;  to  hire  temporarily  such  rooms 
or  buildings  as  may  be  necessary  for  school  purposes*  and  to  pur- 
chase such  implements,  supplies  and  apparatus  as  may  be  necessary 
to  provide  instruction  in  agriculture,  or  to  equip  and  maintain  play- 
grounds, and  to  conduct  athletic  and  social  center  activities  in  the 
district,  when  authorized  by  a  vote  of  a  district  meeting.  [Sub- 
division 4,  amended  by  L.  1913,  ch.  221.] 

5  To  have  the  custody  and  safe-keeping  of  the  district  school- 
houses,  their  sites  and  appurtenances. 

6  To  insure  the  school  buildings,  furniture  and  school  apparatus 
in  some  company  created  by  or  under  the  laws  of  this  State,  or  in 
an  insurance  company  authorized  by  law  to  transact  business  in 
this  State,  and  to  comply  with  the  conditions  of  the  policy,  and  raise 
by  a  district  tax  the  amount  required  to  pay  the  premiums  thereon. 

7  To  insure  the  school  library  in  such  a  company  in  a  sum  fixed 
by  a  district  meeting,  and  to  raise  the  premium  by  a  district  tax,  and 
comply  with  the  conditions  of  the  policy. 

8  To  contract  with  and  employ  as  many  legally  qualified  teachers 
as  the  schools  of  the  district  require ;  to  determine  the  rate  of  com- 
pensation and  the  term  of  the  employment  of  each  teacher  and  to 
determine  the  terms  of  school  to  be  held  during  each  school  year, 
and  to  employ  persons  to  supervise,  organize,  conduct  and  maintain 
athletic,  playground  and  social  center  activities  when  they  are  author- 
ized by  a  vote  of  a  district  meeting  as  provided  by  law.  The  regular 
teachers  of  the  school  may  be  employed  at  an  increased  compensa- 
tion or  otherwise,  and  by  separate  agreement,  written  or  oral,  for 
one  or  more  of  such  purposes.  [Subdivision  8,  amended  by  L. 
1913,,  ch.  221.] 

9  To  establish  rules  for  the  government  and  discipline  of  the 
schools. 

10  To  prescribe  the  course  of  studies  to  be  pursued  in  such 
schools.  Provisions  shall  be  made  for  instructing  pupils  in  all 
schools  supported  by  public  money,  or  under  state  control,  in  physi- 
ology and  hygiene,  with  special  reference  to  the  effect  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human  system,  and  in 
the    humane    treatment    and    protection    of     animals    and    birds. 


EDUCATION    LAW  89 

[Subdivision  10,  amended  by  L.  1917 ,  ch.  210,  in  effect  April  19, 
1917.] 

11  To  pay,  towards  the  wages  of  legally  qualified  teachers  the 
public  moneys  apportioned  to  the  district  for  such  purpose  by  giving 
them  orders  therefor  on  the  supervisor,  or  on  the  collector  or  treas- 
urer of  such  district  when  duly  qualified  to  receive  and  disburse 
the  same. 

12  To  collect  by  district  tax  an  amount  sufficient  to  pay  any^ 
judgment  or  the  salaries  of  teachers  for  the  current  school  year 
after  deducting  from  the  aggregate  amount  required  for  this  pur- 
pose the  amount  of  public  money  in  the  hands  of  the  supervisor, 
collector  or  treasurer  applicable  to  the  payment  of  teachers'  salaries 
and  to  pay  the  same  by  written  orders  on  the  collector  or  treasurer. 

13  To  draw  upon  the  supervisor,  the  collector  or  treasurer,  when 
duly  qualified  to  receive  and  disburse  the  same,  for  the  school 
moneys,  by  written  orders  signed  by  the  sole  trustee,  or  where  there 
are  three  trustees,  signed  by  a  majority  of  said  trustees  as  prescribed 
by  subdivisions  1  and  2  of  section  360  of  this  chapter. 

14  To  keep  each  of  the  schoolhouses  under  their  charge,  and 
its  furniture,  school  apparatus  and  appurtenances,  in  necessary  and 
proper  repair,  and  make  the  same  reasonably  comfortable  for  use, 
but  shall  not  expend  therefor  without  vote  of  the  district  an  amount 
to  exceed  fifty  dollars  in  any  one  year. 

15  To  make  any  repairs  and  abate  any  nuisances,  pursuant  to 
the  direction  of  the  school  commissioner  as  herein  provided,  and 
provide  fuel,  stoves  or  other  heating  apparatus,  pails,  brooms  and 
other  implements  necessary  to  keep  the  schoolhouses  and  the  school- 
rooms clean,  and  make  them  reasonably  comfortable  for  use  when 
no  provision  has  been  made  therefor  by  a  vote  of  the  district,  or 
the  sum  voted  by  the  district  for  said  purposes  shall  have  proved 
insufficient. 

16  To  provide  for  building  fires  and  cleaning  the  schoolrooms, 
and  for  janitor  work  generally  in  and  about  the  schoolhouse,  and 
pay  reasonable  compensation  therefor. 

17  To  provide  bound  blank-books  for  the  entering  of  their  ac- 
counts, the  records  of  the  district  and  the  proceedings  of  district 
and  trustee  meetings,  and  a  list  of  the  movable  property  of  the 
district  and  they  shall  deliver  such  books  to  their  successors  in 
office. 

18  To  expend  in  the  purchase  of  a  dictionary,  books,  reproduc- 
tions of  standard  works  of  art,  maps,  globes  or  other  school  appa- 
ratus, including  implements,  apparatus  and  supplies  for  instruction 


90  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

in  agriculture,  or  for  conducting  athletic  playgrounds  and  social 
center  activities,  a  sum  not  exceeding  twenty-five  dollars  in  any  one 
year,  without  a  vote  of  the  district.  [Subdivision  18  amended  by 
L.  1912,  ch.  221,  and  by  L.  1914,  ch.  216.] 

19  To  establish  temporary  or  branch  schools  in  such  places  in 
the  district  as  shall  best  accommodate  the  children,  and  to  hire 
rooms  or  buildings  therefor  and  to  fit  up  and  furnish  such  rooms 
or  buildings  in  a  suitable  manner  for  conducting  school  therein 
when  it  is  shown : 

a  That  any  considerable  number  of  the  children  residing  in  a 
portion  of  the  district  are  so  remote  from  the  schoolhouse  as  to 
render  it  difficult  for  them  to  attend  school  in  such  schoolhouse  in 
inclement  weather,  or; 

b  That  the  school  building  is  overcrowded  and  proper  accommo- 
dations are  not  afforded  all  the  children  of  the  district,  or ; 

c  That  for  any  other  sufficient  reason  suitable  and  proper  school 
facilities  are  not  provided  by  the  present  school  accommodations. 

Any  expenditure  made  or  liability  incurred  in  pursuance  of  this 
section  shall  be  a  charge  upon  the  district. 

§  276  Trustees'  annual  report.  The  trustees  of  each  district 
shall  make  a  full  report  to  the  Commissioner  of  Education  upon 
any  particular  matter  relating  to  their  schools  whenever  such  report 
shall  be  required  by  said  Commissioner.  The  trustees  of  each 
school  district  shall,  on  the  first  day  of  August  in  each  year,  make 
to  the  school  commissioner  a  report  in  writing  for  the  year  ending 
on  July  thirty-first  preceding.  Such  report  shall  be  in  such  form  as 
the  Commissioner  of  Education  shall  prescribe.  In  every  case  the 
trustees  shall  sign  and  certify  to  said  report  and  deliver  it  to  the 
clerk  of  the  town,  in  which  the  schoolhouse  of  the  district  is  situ- 
ated; and  every  such  report  shall  certify: 

1  The  whole  time  school  has  been  maintained  in  their  district 
during  the  year  ending  on  the  day  previous  to  the  date  of  such 
report,  and  stating  what  portion  of  the  time  such  school  has  been 
taught  by  qualified  teachers,  and  the  whole  number  of  days,  in^ 
eluding  holidays,  in  which  the  school  was  taught  by  qualified 
teachers. 

2  The  amount  of  their  drafts  upon  the  supervisor,  collector  or 
treasurer  for  the  payment  of  teachers'  salaries  during  such  year, 
and  the  amount  of  their  drafts  upon  him  for  the  purchase  of  books 


1  So  in  original. 


EDUCATION    LAW  91 

and  school  apparatus  during  such  year,  and  the  manner  in  which 
such  moneys  have  been  expended. 

3  The  number  of  children  taught  in  the  district  school  during 
such  year  by  qualified  teachers,  and  the  aggregate  days'  attendance 
of  all  such  children  upon  the  school. 

4  The  number  of  children  residing  in  their  district,  over  five 
and  under  eighteen  years  of  age,  who  shall  have  been,  on  the 
thirtieth  day  of  August  last  preceding  the  date  of  such  report,  legal 
residents  of  such  district.  Children  supported  at  a  county  poor- 
house  or  an  orphan  asylum  shall  not  be  included  in  such  enumeration. 

5  The  number  of  vaccinated  and  unvaccinated  children  of  school 
age  in  their  respective  districts. 

6  The  amount  of  money  paid  for  teachers'  salaries,  in  addition 
to  the  public  money  paid  therefor,  the  amount  of  taxes  levied  in 
said  district  for  purchasing  schoolhouse  sites,  for  building,  hiring, 
purchasing,  repairing  and  insuring  schoolhouses,  for  fuel,  for  school 
libraries,  or  for  any  other  purpose  allowed  by  law. 

7  Such  additional  information  in  relation  to  the  schools  under 
their  management  and  control  as  the  Commissioner  of  Education 
shall  require. 

§  277  Annual  report  of  trustees  of  certain  joint  districts. 
Where  a  school  district  lies  in  two  or  more  counties,  its  trustees 
shall  file  their  annual  report  in  the  office  of  the  clerk  of  the  town 
in  which  the  principal  schoolhouse  of  the  district  is  situated. 

§  278  Trustees'  annual  report  to  district.  The  trustees  shall 
render  to  the  district,  at  its  annual  meeting,  a  just,  full  and  true 
account  in  writing,  of  all  moneys  received  by  them  respectively 
for  the  use  of  the  district,  or  raised  or  collected  by  taxes,  the  pre- 
ceding year,  and  of  the  manner  in  which  the  same  shall  have  been 
expended,  and  showing  to  which  of  them  an  unexpended  balance, 
or  any  part  thereof,  is  chargeable;  and  of  all  drafts  or  orders  made 
by  them  upon  the  supervisor,  collector,  treasurer  or  other  custodian 
of  moneys  of  the  district;  and  a  full  statement  of  all  appeals, 
actions  or  suits  and  proceedings  brought  by  or  against  them,  and 
of  every  special  matter  touching  the  condition  of  the  district. 

§  279  Penalty  for  failure  of  trustee  to  account.  By  a  wilful 
neglect  or  refusal  to  render  such  account,  a  trustee  forfeits  any 
unexpired  term  of  his  office,  and  becomes  liable  to  the  trustees  for 
any  district  moneys  in  his  hands. 

§  280  Payment  by  trustee  to  successor.  An  outgoing  trustee 
shall  forthwith  pay,  to  his  successor  or  any  other  trustees  of  the 
district  in  office,  all  moneys  in  his  hands  belonging  to  the  district. 


92  THE   UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

§  281  Trustees'    right   of    action    against   predecessor.      The 

trustees  in  office  shall  sue  for  and  recover  any  district  moneys  in 
the  hands  of  any  former  trustee,  or  of  his  personal  representatives, 
and  apply  them  to  the  use  of  the  district. 

§  282  Notice  of  nonpayment  of  moneys  apportioned.  If  any 
portion  of  the  moneys  apportioned  to  the  district  shall  not  be  paid 
by  the  supervisor,  the  collector  or  treasurer,  upon  the  due  require- 
ment of  the  trustees,  they  shall  forthwith  notify  the  treasurer  of 
the  county  and  the  Commissioner  of  Education  of  the  fact. 

§  283  Taxation  for  expenses  incurred  by  trustees.  When 
trustees  are  required  or  authorized  by  law,  or  by  a  vote  of  their 
district,  to  incur  any  expenses  for  such  district,  and  when  any 
expenses  incurred  by  them  are  made,  by  express  provision  of  law, 
a  charge  upon  such  district,  they  may  raise  the  amount  thereof  by 
tax  in  the  same  manner  as  if  the  definite  sum  to  be  raised  had  been 
voted  by  a  district  meeting. 

§  284  Issuing  order  in  excess  of  available  funds  a  misde- 
meanor. 1  The  trustees  of  a  school  district  shall  not  issue  an 
order  or  draft  upon  a  supervisor,  collector  or  treasurer  for  the 
payment  of  the  salary  of  a  teacher  unless  there  shall  be  in  the 
hands  of  such  supervisor,  collector  or  treasurer  at  the  time  sufficient 
money  belonging  to  the  district  to  meet  such  order  or  draft. 

2  A  violation  of  this  section  by  the  trustees  of  a  district  shall 
be  a  misdemeanor. 

§  285  Trustees  must  not  be  interested  in  district  contracts. 
No  trustee  shall  be  personally  interested  directly  or  indirectly  in 
any  contract  which  he  makes  in  behalf  of  the  district. 


ARTICLE  11 

Boards  of  Education 

Section  300  Boards  of  education  corporate  bodies 

301  Board  of  education  in  district  whose  boundaries  are  not  coter- 

minous with  those  of  an  incorporated  village  or  city 

302  Board  of  education  in  district  whose  boundaries  are  coterminous 

with  those  of  an  incorporated  village  or  city 

303  Provisions  for  separate  elections  in  certain  districts 

304  Determination  of  election  disputes 

305  Election  and  organization  of  board  of  education  in  new  district 

where  union   free   school   district   containing   two   incorporated 
villages  is  divided 

306  Annual  meetings  of  boards  of  education 


EDUCATION    LAW  93 

Section  307  Change  in  number  of  members  of  board  of  education  in  union 
free  school  district  whose  boundaries^  are  coterminous  with 
those  of  an  incorporated  village  or  city- 
SOS  Change  in  number  of  members  of  board  of  education  in  union 
free  school  district  whose  boundaries  are  not  coterminous  with 
those  of  an  incorporated  village  or  city. 

309  Power  of  removal  of  member  of  board  of  education 

310  Powers  and  duties  of  boards  of  education 

311  Night  schools;  kindergartens  , 

312  Appointment  of  superintendent  of  schools 

313  Regular  meetings;  visitation  of  schools 

314  Limitation  upon  expenditures 

315  Deposit,  custody  and  payment  of  moneys  in  cities  and  villages 

316  Moneys    and    accounts    in    union    free    school    districts    whose 

boundaries  are  not  the  same  as  the  boundaries  of  incorporated 
cities  and  villages 

317  Boards  of  education  have  powers  of  trustees  of  common  schools 

and  trustees  of  academies 

318  Academy  may  be  adopted  as  academic  department 

319  Contracts  with  academies 

320  Retransfer  of  academy  to  its  former  trustees 

321  Records ;  reports 

322  Reports  to  Commissioner  of  Education 

323  Estimated  expenses  for  ensuing  year 

324  Vote  upon  school  taxes 

325  Levy  of  tax  for  certain  purposes  without  vote 

326  Reference  to  Commissioner  of  Education 

327  Corporate    authorities    must    raise    tax    certified    by    board    of 

education 

328  Application  of  this  article 

§  300  Boards  of  education  corporate  bodies.  The  board  of 
education  of  each  union  free  school  district  or  city  is  hereby  created 
a  body  corporate  and  it  shall,  at  its  first  meeting  and  at  each  annual 
meeting  thereafter,  elect  one  of  its  members  president. 

§  301  Board  of  education  in  district  whose  boundaries  are  not 
coterminous  with  those  of  an  incorporated  village  or  city. 
1  Whenever  a  union  free  school  district  shall  be  established  pur- 
suant to  the  provisions  of  sections  141  to  145  of  this  chapter  and 
the  boundaries  of  such  district  shall  not  .be  coterminus  with  the 
boundaries  of  an  incorporated  city  or  village,  it  shall  be  the  duty 
of  the  meeting  at  which  such  union  free  school  district  is  estab- 
lished to  elect  by  ballot  not  less  than  three  nor  more  than  nine 
trustees,  who  shall,  by  the  order  of  such  meeting,  be  divided  into 
three  classes,  the  first  to  hold  until  one,  the  second  until  two,  and 


^  So  in  original. 


94  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

the  third  until  three  years  from  the  first  Tuesday  of  August  next 
following,  except  as  in  the  next  section  provided.  Thereafter  there 
shall  be  elected  in  such  districts,  at  the  annual  meeting,  trustees 
to  supply  the  places  of  those  whose  terms  of  office,  by  the  classifica- 
tion aforesaid,  expire. 

2  The  trustees  thus  elected,  shall  enter  at  once  upon  their  offices, 
and  the  office  of  any  existing  trustees  in  such  districts,  before 
the  establishment  of  a  union  free  school  therein,  shall  cease,  except 
for  the  purposes  stated  in  section  135  of  this  chapter.  The  said 
trustees  and  their  successors  in  office  shall  constitute  the  board  of 
education  of  the  union  free  school  district  thus  established.  [Sub- 
division 2  amended  by  L.  1910,  ch.  442.] 

§  302  Board  of  education  in  district  whose  boundaries  are 
coterminous  with  those  of  an  incorporated  village  or  city. 
Whenever  said  board  of  education  shall  be  constituted  for  any  dis- 
trict whose  limits  correspond  with  those  of  any  incorporated  village 
or  city,  the  trustees  so  elected  shall,  by  the  order  of  such  meeting, 
be  divided  into  three  classes:  The  first  class  to  serve  until  one; 
the  second,  until  two;  and  the  third,  until  three  years  after  the 
date  of  the  next  charter  election  in  such  village  or  city,  and  their 
regular  term  of  service  shall  be  computed  from  the  several  dates  of 
such  charter  elections.  Thereafter,  there  shall  be  annually  elected 
in  such  villages  and  cities,  at  the  charter  elections,  by  separate  bal- 
lot, to  be  indorsed  "  school  trustee,"  in  the  same  manner  as  the 
charter  officers  thereof,  trustees  of  the  said  union  free  schools,  to 
supply  the  places  of  those  whose  terms  by  the  classification  afore- 
said expire. 

§  303  Provisions  for  separate  elections  in  certain  districts. 
1  In  union  free  school  districts  whose  limits  do  not  correspond  with 
those  of  an  incorporated  village  or  city,  and  in  which  the  number 
of  children  of  school  age  exceeds  three  hundred,  as  shown  by  the 
last  armual  report  of  the  board  of  education  to  the  school  commis- 
sioner, the  qualified  voters  of  any  such  district  may  by  a  vote  of  a 
majority  of  those  present  and  voting,  at  any  annual  meeting,  or 
at  any  duly  called  special  meeting,  to  be  ascertained  by  taking  and 
recording  the  ayes  and  noes,  determine  that  the  election  of  the  mem- 
bers of  the  board  of  education  shall  be  held  on  the  Wednesday  next 
following  the  day  designated  by  law  for  holding  the  annual  meeting 
of  said  district, 

2  Until  such  determination  shall  be  changed,  such  election  shall 
be  held  on  the  Wednesday  next  following  the  day  on  which  such 
annual  meeting  of  such  district  shall  be  held  between  the  hours  of 


EDUCATION    LAW  95 

twelve  o'clock  noon  and  four  o'clock  in  the  afternoon  at  the  prin- 
cipal schoolhouse  in  the  district,  or  at  such  other  suitable  place  as 
the  trustees  may  designate. 

3  \^^hen  the  place  of  holding  such  election  is  other  than  at  the 
principal  schoolhouse,  the  trustees  shall  give  notice  thereof  by  the 
p!iblication  of  such  notice,  at  least  one  week  before  the  time  of 
holding  such  election,  in  some  newspaper  published  in  the  district, 
or  by  posting  the  same  in  three  conspicuous  places  in  the  district. 
The  trustees  may,  by  resolution,  extend  the  time  of  holding  the 
election  from  four  o'clock  until  sunset. 

4  Such  members  of  the  board  of  education  as  may  be  present, 
shall  act  as  inspectors  of  election.  If  a  majority  of  such  board  shall 
not  be  present  at  the  time  of  opening  the  polls,  those  members  of 
the  board  in  attendance  may  appoint  any  of  the  legal  voters  of  the 
district  present,  to  act  as  inspectors  in  place  of  the  absent  trustees; 
and  if  none  of  the  board  of  education  shall  be  present  at  the  time 
of  opening  the  polls,  the  legal  voters  present  may  choose  three  of 
their  number  to  act  as  inspectors. 

5  The  clerk  of  the  board  of  education  shall  attend  at  the  elec- 
tion and  record  in  a  book,  to  be  provided  for  that  purpose,  the  name 
of  each  elector  as  he  deposits  his  ballot.  If  the  clerk  of  the  board 
of  education  shall  be  absent,  or  shall  be  unable  or  refuse  to  act,  the 
board  of  education  or  inspectors  of  election  shall  appoint  some  per- 
son who  is  a  legal  voter  in  the  district  to  act  in  his  place.  Any  clerk 
or  acting  clerk  who  shall  neglect  or  refuse  to  record  the  name  of  a 
person  whose  ballot  is  received  by  the  inspectors,  shall  be  liable  to 
a  fine  of  twenty-five  dollars,  to  be  sued  for  by  the  supervisor  of 
the  town. 

6  The  board  of  education  shall,  at  the  expense  of  the  district, 
provide  a  suitable  box  in  which  the  ballots  shall  be  deposited  as 
they  are  received.  Such  ballots  shall  contain  the  names  of  the  per- 
sons voted  for,  and  shall  designate  the  ofiice  for  which  each  of  said 
names  is  voted.  The  ballots  may  be  either  written  or  printed,  or 
partly  written  and  partly  printed.  The  inspectors  immediately  after 
the  close  of  the  polls  shall  proceed  to  canvass  the  votes.  They  shall 
first  count  the  ballots  to  determine  if  they  tally  with  the  number 
of  names  recorded  by  the  clerk,  and  if  they  exceed  that  number, 
enough  ballots  shall  be  withdrawn  to  make  them  correspond.  Such 
inspectors  shall  count  the  votes  and  announce  the  result.  The  per- 
sons having  a  plurality^  of  the  votes  respectively  for  the  several 


1  The  former  law  provided  for  a  majority  vote  to  elect.  The  amendment 
does  not  affect  union  free  school  districts  which  do  not  hold  elections  of  school 
officers  on  the  Wednesday  following  the  annual  meeting. 


96  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

offices  shall  be  elected,  and  the  clerk  shall  record  the  result  of  such 
ballot  and  election  as  announced  by  the  inspectors.  [Subdivision  6 
amended  by  L.  1910,  ch.  442.] 

7  Whenever  the  time  for  holding  such  election,  as  aforesaid,  shall 
pass  without  such  election  being  held  in  any  such  district,  a  special 
election  shall  be  called  by  the  board  of  education,  but  if  no  such 
election  be  called  by  said  board  within  twenty  days  after  such  time 
shall  have  passed,  the  school  commissioner  or  the  Commissioner  of 
Education  may  order  any  inhabitant  of  said  district  to  give  notice 
of  such  election  in  the  manner  prescribed  by  section  193;  and  the 
officers  elected  at  such  special  election  shall  hold  their  respective 
offices  only  until  the  next  annual  election,  and  until  their  successors 
are  elected  and  shall  have  qualified,  as  in  this  chapter  provided. 

8  The  foregoing  provisions  shall  not  apply  to  union  free  school 
districts  in  cities,  nor  to  union  free  school  districts  whose  bound- 
aries correspond  with  those  of  an  incorporated  village,  nor  to  any 
school  district  organized  under  a  special  act  of  the  Legislature,  in 
which  the  time,  manner  and  form  of  the  election  of  district  officers 
shall  be  different  from  that  prescribed  for  the  election  of  officers 
in  union  free  school  districts,  organized  under  the  general  law,  nor 
to  any  of  the  union  free  school  districts  in  the  counties  of  Suffolk, 
Chenango,  Warren  and  Saint  Lawrence.  [Subdivision  8  amended 
by  L.  1917,  ch.  270,  in  effect  April  27,  1917.] 

§  304  Determination  of  election  disputes.  All  disputes  con- 
cerning the  validity  of  any  district  election  or  of  any  of  the  acts  of 
the  officers  of  such  election  shall  be  referred  to  the  Commissioner  of 
Education  for  determination  and  his  decision  in  the  matter  shall 
be  final  and  not  subject  to  review.  The  Commissioner  may  in  his 
discretion  order  a  new  election. 

§  305  Election  and  organization  of  board  of  education  in  new 
district  where  union  free  school  district  containing  two  incorpo- 
rated villages  is  divided.  1  W^ithin  ten  days  after  the  school 
commissioner  shall  have  designated  any  separate  school  district 
organized  under  the  provisions  of  sections  130  and  131  of  this  Chap- 
ter, he  shall  call  a  special  meeting  of  the  qualified  voters  of  such 
school  district  at  a  time  and  place  to  be  named  by  him  to  elect  a 
board  of  education  to  consist  of  six  members,  two  of  whom  shall 
be  elected  for  one  year,  two  for  two  years  and  two  for  three  years 
from  the  date  of  the  annual  school  meeting  next  succeeding  such 
special  meeting.  The  call  for  such  special  meeting  shall  be  pub- 
lished in  the  manner  provided  in  section  130  for  calling  a  special 


EDUCATION    LAW  97 

meeting  to  determine  as  to  whether  the  school  district  shall  be 
divided. 

2  The  school  commissioner  shall  call  such  special  meeting  to  order 
and  the  voters  present  shall  elect  a  chairman  and  secretary  for  such 
meeting  and  appoint  three  tellers  to  canvass  the  votes  cast.  After 
the  votes  shall  have  been  canvassed  the  chairman  and  secretary  shall 
forthwith  certify  the  result  of  such  canvass  to  the  said  school  com- 
missioner, who  shall  within  five  days  thereafter  convene  the  mem- 
bers of  the  board  of  education,  shown  by  said  certificate  to  have  been 
elected,  for  the  purpose  of  organization,  and  said  certificate  of  the 
result  of  such  canvass  shall  thereupon  become  a  part  of  the  record 
of  said  school  district. 

§  306  Annual  meetings  of  boards  of  education.  1  The  annual 
i^ieeting  of  the  board  of  education  of  every  union  free  school  district 
whose  limits  do  not  correspond  with  those  of  an  incorporated  village 
or  city  shall  be  held  on  the  first  Tuesday  in  August  of  each  year, 
except  in  districts  in  which  the  annual  meeting  is  held  on  the  first 
Tuesday  in  August,  in  which  case  the  annual  meeting  of  the  board 
of  education  of  such  district  shall  be  held  on  the  second  Tuesday  in 
August. 

2  The  annual  meeting  of  the  board  of  education  of  every  union 
free  school  district  whose  limits  correspond  with  those  of  an  incor- 
porated village  or  city  shall  be  held  on  the  Tuesday  next  after  the 
election  of  the  members  of  such  board  at  the  annual  charter  election 
of  the  village  or  city.  [Amended  by  L.  1911,  ch.  830  and  L.  1915, 
ch.  232. \ 

§  307  Change  in  number  of  members  of  board  of  education  in 
union  free  school  district  whose  boundaries  are  coterminous 
with  those  of  an  incorporated  village  or  city.  The  number  of 
members  of  the  board  of  education  of  a  union  free  school  district 
whose  limits  correspond  with  those  of  an  incorporated  village  or 
city,  may  be  increased  to  not  more  than  nine  or  decreased  to  not 
less  than  three  in  the  following  manner : 

1  The  board  of  education  of  such  union  free  school  district, 
shall,  upon  the  application  of  at  least  fifteen  resident  taxpayers  of 
such  district,  submit  to  a  special  meeting,  held  at  least  thirty  days 
prior  to  the  annual  charter  election,  in  such  village  or  city,  a  propo- 
sition for  the  increase  or  decrease  of  the  number  of  members  of  the 
board  of  education  to  a  number  specified  in  the  proposition. 

2  Such  special  meeting  shall  be  called  and  held  in  the  manner 
prescribed  by  subdivision  2  of  section  193  of  this  chapter. 


98  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

3  If  such  proposition  is  adopted  and  it  is  determined  thereby 
to  increase  the  number  of  members  of  the  board  of  education  of 
such  district,  there  shall  be  elected  at  the  next  ensuing  annual  vil- 
lage or  city  election,  a  sufficient  number  of  members  of  the  board 
of  education  so  that  the  total  number  of  members  of  the  board 
will  be  the  number  specified  in  such  proposition.  Such  additional 
members  shall  be  elected  for  such  terms  so  that  as  nearly  as  pos- 
sible the  terms  of  one-third  of  the  members  of  such  board  will 
expire  annually.  Successors  to  such  additional  members  shall  be 
elected  in  like  manner. 

4  If  such  proposition  is  adopted  and  it  is  determined  thereby 
to  decrease  the  number  of  the  board  of  education  in  such  district, 
no  members  of  the  board  of  education  of  such  district  shall  there- 
after be  elected  until  by  expiration  of  term  the  number  of  mem- 
bers of  the  board  of  education  will  be  less  than  the  number  speci- 
fied in  such  proposition;  and  thereafter  the  number  of  members 
of  the  board  of  education  of  such  district  shall  be  the  number 
specified  in  such  proposition.  Not  more  than  one  proposition  under 
this  section  shall  be  submitted  in  any  calendar  year. 

§  308  Change  in  number  of  members  of  board  of  education 
in  union  free  school  district  whose  boundaries  are  not  cotermin- 
ous with  those  of  an  incorporated  village  or  city.  1  The  number 
of  members  of  the  board  of  education  of  a  union  free  school  dis- 
trict whose  limits  do  not  correspond  with  those  of  an  incorporated 
village  or  city  may  be  increased  or  decreased  at  an  annual  meeting 
by  a  majority  vote  of  the  qualified  voters  present  and  voting  to  be 
ascertained  by  taking  and  recording  the  ayes  and  noes.  The  num- 
ber of  such  board  shall  not  be  increased  to  more  than  nine  nor 
decreased  to  less  than  three. 

2  No  vote  shall  be  taken  upon  the  proposition  to  increase  or 
decrease  the  number  of  members  of  such  board  of  education  unless 
the  notice  of  the  annual  meeting  shall  contain  a  statement  to  the 
effect  that  the  voters  of  such  district  will  vote  upon  such  proposi- 
tion. The  board  of  education  of  any  such  district  shall,  upon  the 
application  of  at  least  fifteen  voters  of  such  district,  include  in  the 
notice  of  the  annual  meeting  a  statement  that  the  proposition  to 
increase  or  decrease  such  board  will  be  presented  to  the  annual 
meeting  for  determination.  If  the  board  refuses  or  fails  to  give 
such  notice  the  notice  may  be  given  in  such  manner  as  the  Commis- 
sioner of  Education  may  direct. 

3  If  any  such  board  shall  consist  of  less  than  nine  members  and 
such  meeting  shall  determine  to  increase  the  number,  such  meeting 


EDUCATION    LAW  99 

shall  elect  the  additional  number  so  determined  upon  and  shall 
divide  such  number  into  three  classes,  the  first  to  hold  office  one 
year,  the  second  two  years  and  the  third  three  years. 

4  If  such  meeting  shall  determine  to  diminish  the  number  ot 
members  composing  such  board,  no  election  shall  be  held  in  such 
district  to  fill  the  vacancies  of  the  outgoing  members  until  the 
number  of  such  members  shall  correspond  to  the  number  which 
such  meeting  shall  determine  to  compose  such  board. 

§  309  Power  of  removal  of  member  of  board  of  education. 
For  cause  shown,  and  after  giving  notice  of  the  charge  and  oppor- 
tunity of  defense,  the  Commissioner  of  Education  may  remove  any 
member  of  a  board  of  education.  Wilful  disobedience  of  any  lawful 
requirement  of  the  commissioner  of  education,  or  a  want  of  due 
diligence  in  obeying  such  requirement  or  wilful  violation  or  neglect 
of  duty  is  cause  for  removal. 

§  310  Powers  and  duties  of  boards  of  education.  The  said 
board  of  education  of  every  union  free  school  district  shall  have 
power,  and  it  shall  be  their  duty: 

1  To  adopt  such  by-laws  and  rules  for  its  government  as  shall 
seem  proper  in  the  discharge  of  the  duties  required  under  the  pro- 
visions of  this  chapter. 

2  To  establish  such  rules  and  regulations  concerning  the  order 
and  discipline  of  the  schools,  in  the  several  departments  thereof, 
as  they  may  deem  necessary  to  secure  the  best  educational  results. 

3  To  prescrcibe  the  course  of  study  by  which  the  pupils  of  the 
schools  shall  be  graded  and  classified,  and  to  regulate  the  admission 
of  pupils  and  their  transfer  from  one  class  or  department  to  another, 
as  their  scholarship  shall  warrant. 

4  To  prescribe  the  textbooks  to  be  used  in  the  schools,  and  to 
compel  a  uniformity  in  the  use  of  the  same,  pursuant  to  the  pro- 
visions of  this  chapter,  and  to  furnish  the  same  to  pupils  out  of 
any  moneys  provided  for  that  purpose. 

5  To  make  provision  for  the  instruction  of  pupils  in  physiology 
and  hygiene  with  special  reference  to  the  effect  of  alcoholic  drinks, 
stimulants  and  narcotics  upon  the  human  system,  and  in  the  humane 
treatment  and  protection  of  animals  and  birds.  [Subdivision  5 
amended  by  L.  1917,  ch.  210,  in  effect  April  19,  1917.] 

6  To  purchase  sites,  or  additions  thereto,  for  recreation  grounds 
for  agricultural  purposes,  and  for  schoolhouses  for  the  district, 
when  designated  by  a  meeting  of  the  district;  and  to  construct 
such  schoolhouses  and  additions  thereto  as  may  be  so  designated; 
to  purchase  furniture  and  apparatus  for  such  schoolhouses,  and  to 


100  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

keep  the  furniture  and  apparatus  therein  in  repair ;  and,  when  author- 
ized by  such  meeting,  to  purchase  implements,  suppHes,  and  appa- 
ratus for  agricultural,  athletic,  playground,  and  social  center  pur- 
poses.    [Subdivision  6  amended  by  L.  1913,  ch.  221.] 

7  To  hire  rooms  in  which  to  maintain  and  conduct  schools  when 
the  rooms  in  the  schoolhouses  are  overcrowded,  or  when  such  school- 
houses  are  destroyed,  injured  or  damaged  by  the  elements,  and  to 
fit  up  and  furnish  such  rooms  in  a  suitable  manner  for  conducting 
schools  therein. 

8  To  insure  the  schoolhouses  and  their  furniture,  apparatus  and 
appurtenances,  and  the  school  library,  in  some  company  created  bv 
or  under  the  laws  of  this  State,  or  in  some  insurance  company 
authorized  by  law  to  transact  business  in  this  State,  and  to  comply 
with  the  conditions  of  the  policy,  and  raise  the  sums  paid  {ov 
premiums  by  district  tax. 

9  To  take  charge  and  possession  of  the  schoolhouses,  sites,  lots, 
furniture,  books,  apparatus,  and  all  school  property  within  their 
respective  districts;  and  the  title  of  the  same  shall  be  vested  respec- 
tively in  said  board  of  education. 

10  To  sell,  when  authorized  by  a  vote  of  the  qualified  voters  of 
the  school  district,  any  former  school  site  or  lot,  or  any  real  estate 
the  title  to  which  is  vested  in  the  board,  and  the'  buildings  thereon, 
and  appurtenances  or  any  part  thereof,  at  such  price  and  upon 
such  terms  as  said  voters  shall  prescribe,  and  to  convey  the  same 
by  deed  to  be  executed  by  the  board  or  a  majority  of  the  members 
thereof.  Also  to  exchange  real  estate  belonging  to  the  district  for 
the  purpose  of  improving  or  changing  schoolhouse  sites. 

11  To  take  and  hold  for  the  use  of  the  said  schools  or  of  any 
department  of  the  same,  any  real  estate  transferred  to  it  by  gift, 
grant,  bequest  or  devise,  or  any  gift,  legacy  or  annuity,  of  whatever 
kind,  given  or  bequeathed  to  the  said  board,  and  apply  the  same, 
or  the  interest  or  proceeds  thereof,  according  to  the  instructions  of 
the  donor  or  testator. 

12  To  have  in  all  respects  the  superintendence,  management  and 
control  of  said  union  free  schools,  and  to  establish  therein,  in  con- 
formity with  the  Regents  rules,  an  academic  department,  whenever 
in  their  judgment  the  same  is  warranted  by  the  demand  for  such 
instruction;  to  receive  into  said  union  free  schools  any  pupils  resid- 
ing out  of  said  district,  and  to  regulate  and  establish  the  tuition 
fees  of  such  nonresident  pupils  in  the  several  departments  of  said 
schools 


EDUCATION    LAW 


lol 


13  To  provide  fuel,  furniture,  apparatus  and  other  necessaries 
for  the  use  of   said  schools. 

14  To  appoint  such  librarians  as  they  may  from  time  to  time 
deem  necessary. 

15  To  contract  with  and  employ  such  persons  as  by  the  pro- 
visions of  this  chapter  are  qualified  teachers,  to  determine  the  number 
of  teachers  to  be  employed  in  the  several  departments  of  instruc- 
tion in  said  school,  and  at  the  time  of  such  employment,  to  make 
and  deliver  to  each  teacher  a  written  contract  as  required  by  section 
561  of  this  chapter;  and  employ  such  persons  as  may  be  necessary 
to  supervise,  organize,  conduct  and  maintain  athletic,  playground 
and  social  center  activities,  or  for  any  one  or  more  of  such  pur- 
poses. The  regular  teachers  of  the  school  may  be  employed  at  an 
increased  compensation  or  otherwise,  and  by  separate  agreement, 
written  or  oral,  for  one  or  more  of  such  purposes.  [Subdivision  15 
amended  by  L.  1913,  ch.  221.] 

16  To  fill  any  vacancy  which  may  occur  in  said  board  by  reason 
of  the  death,  resignation,  removal  from  office  or  from  the  school 
district,  or  refusal  to  serve,  of  any  member  or  officer  of  said  board; 
and  the  person  so  appointed  in  the  place  of  any  such  member  of 
the  board  shall  hold  his  office  until  the  next  annual  election  of 
trustees. 

17  To  remove  any  member  of  their  board  for  official  miscon- 
duct. But  a  written  copy  of  all  charges  made  of  such  misconduct 
shall  be  served  upon  him  at  least  ten  days  before  the  time  appointed 
for  a  hearing  of  the  same;  and  he  shall  be  allowed  a  full  and  fair 
opportunity  to  refute  such  charges  before  removal. 

18  To  provide  and  maintain  suitable  and  convenient  water- 
closets  as  provided  in.  section  457  of  this  chapter. 

19  To  borrow  money  in  anticipation  of  taxes  remaining  uncol- 
lected which  have  been  levied  by  such  district  for  the  current  fiscal 
year,  and  not  in  excess  thereof,  whenever  in  the  discretion  of  the 
board  of  education  it  shall  be  necessary  to  do  so  for  the  purpose 
of  paying  the  current  expenses  of  the  district  for  such  current 
fiscal  year,  by  issuing  certificates  of  indebtedness,  in  the  name  of 
the  board  of  education,  signed  by  the  president  and  clerk  thereof, 
which  certificates  must  be  payable  within  such  current  fiscal  year 
or  within  nine  months  thereafter,  and  shall  bear  interest  at  a  rate 
not  exceeding  six  per  centum  per  annum. 

20  To  raise  by  tax  upon  the  property  of  the  district  any  moneys 
required  to  pay  the  salary  of  teachers  employed  after  applying 
thereto  the  school  moneys  apportioned  to  the  district  by  the  State. 


102  THE   UNIVERSITY   OF   THE   STATE   OF    NEW    YORK 

21  To  provide  for  the  medical  inspection  of  all  children  in  attend- 
ance upon  schools  under  their  supervision  whenever  in  their  judg- 
ment such  inspection  shall  be  necessary  and  to  pay  any  expense 
incurred  therefor  out  of  funds  authorized  by  the  voters  of  the 
district  or  city  or  which  may  properly  be  set  aside  for  such  purpose 
by  the  common  council  or  the  board  of  estimate  and  apportionment 
of  a  city.  Provided,  however,  that  no  such  funds  shall  be  appropri- 
ated or  authorized  by  the  voters  of  a  union  free  school  district 
situate  wholly  within  a  city  of  the  third  class,  unless  the  board  of 
education  shall  incorporate  in  the  notice  of  the  annual  meeting  or 
election  a  statement  to  the  effect  that  at  such  meeting  or  election 
a  proposition  to  appropriate  such  funds  will  be  voted  upon,  speci- 
fying the  amount.  [Subdivision  21  added  by  L.  1910,  ch.  602,  and 
amended  by  L.  1912,  ch.  215.] 

22  To  provide,  purchase,  lease,  furnish  and  maintain  buildings 
or  other  suitable  accommodations  for  the  use  of  teachers  employed 
in  the  district  when  duly  authorized  by  a  meeting  of  the  district 
and  to  raise  by  tax  upon  the  taxable  property  of  the  district  the 
moneys  necessary  for  such  purposes.  [Subdivision  22  added  by 
L.  1922,  ch.  344,  in  effect  March  29,  1922.] 

§  311  Kindergartens;  night  schools.  The  board  of  education 
of  each  school  district  and  of  each  city  may  maintain  kindergartens 
which  shall  be  free  to  resident  children  between  the  ages  of  four 
and  six  years. 

Night  schools  wherein  the  common  branches  and  such  additional 
subjects  as  may  be  adapted  to  students  applying  for  instruction  are 
taught  on  three  nights  each  week,  for  two  hours  each  night,  shall 
be  maintained  by  the  board  of  education: 

1  In  each  city  of  the  first  class  throughout  the  duration  of  the 
day  school  term. 

2  In  each  city  of  the  second  class  on  at  least  one  hundred  nights. 

3  In  each  city  of  the  third  class  on  at  least  eighty  nights. 

4  In  each  city  not  subject  to  the  foregoing  provisions  and  in; 
each  school  district  where  twenty  or  more  minors  between  thej 
ages  of  sixteen  and  twenty-one  years  are  required  to  attend  school, 
or  where  twenty  or  more  persons  over  the  age  of  sixteen  years 
make  applications  for  instruction  in  a  night  school,  for  at  least 
seventy-five  nights. 

All  night  schools  shall  be  free  to  all  persons  residing  in  the  dis- 
tricts or  city. 

[Amended  by  L.  1918,  ch.  409,  in  effect  September  1,  1918.] 


EDUCATION    LAW  103 

§  312  Appointment  of  superintendent  of  schools.  1  In  any 
union  free  school  district  having  a  population  of  four  thousand  five 
hundred  or  more,  which  fact  shall  be  determined  by  the  commis- 
sioner of  education,  as  provided  in  section  four  hundred  and  ninety- 
two  of  this  chapter,  the  board  of  education  may  appoint  a  superin- 
tendent of  schools.  [Subdivision  1  amended  by  L.  1920,  ch.  141, 
in  effect  July  1,  1920.] 

2  Such  superintendent  shall  be  under  the  direction  of  the  board 
of  education,  which  shall  prescribe  his  powers  and  duties.  He  shall 
be  paid  a  salary  from  the  teachers'  fund,  to  be  fixed  by  the  board 
of  education,  and  he  may  be  removed  from  office  by  a  vote  of  the 
majority  of  all  the  members  of  such  board.  Whenever  such  super- 
intendent shall  be  appointed,  the  said  union  free  school  district 
1  shall  be  entitled  to  the  benefits  of  the  provisions  of  section  four 
hundred  tnd^  ninety-two  of  this  chapter. 

§  313  Regular  meetings;  visitation  of  schools.  1  It  shall  be 
the  duty  of  each  board  of  education  elected  pursuant  to  the  pro- 
visions of  this  article  to  have  a  regular  meeting  at  least  once  in 
each  quarter. 

I  2  Each  board  shall  appoint  one  or  more  committees,  to  visit  every 
j  school  or  department  under  its  supervision  and  such  committee  shall 
visit  such  schools  at  least  twice  in  each  quarter,  and  report  at  the 
next  regular  meeting  of  the  board  on  the  condition  thereof. 
I  3  The  meetings  of  all  such  boards  shall  be  open  to  the  public, 
ibut  said  boards  may  hold  executive  sessions,  at  which  sessions  only 
jthe  members  of  such  boards  or  the  persons  invited  shall  be  present. 
I  §  314  Limitation  upon  expenditures.  No  board  of  education 
ishall  incur  a  district  liability  in  excess  of  the  amount  appropriated 
jby  a  district  meeting  unless  such  board  is  specially  authorized  by 
law  to  incur  such  liability. 

§  315  Deposit,  custody  and  payment  of  moneys  in  cities  and 
'villages.  1  All  moneys  raised  for  the  support  of  schools  in  any 
city  or  in  any  union  free  school  district  whose  boundaries  are  coter- 
jminous  with  the  boundaries  of  an  incorporated  village  or  appor- 
tioned to  the  same  by  the  Education  Department  or  otherwise,  shall 
jbe  paid  into  the  treasury  of  such  city  or  village  to  the  credit  of  the 
fboard  of  education  therein;  and  the  funds  so  received  into  such 
"treasury  shall  be  kept  separate  and  distinct  from  any  other  funds 
received  into  the  said  treasury.  And  the  officer  having  the  charge 
thereof   shall  give   such  additional   security   for   the   safe   custody 

^  So  in  original. 


104  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 


( 


thereof  as  the  corporate  authorities  of  such  city  or  village  shall 
require. 

2  No  money  shall  be  drawn  from  such  funds,  credited  to  the 
several  boards  of  education,  unless  in  pursuance  of  a  resolution  of 
said  board,  and  on  drafts  -drawn  by  the  president  and  counter- 
signed by  the  secretary  or  clerk,  payable  to  the  order  of  the  persons 
entitled  to  receive  such  money,  and  stating  on  their  face  the  purpose 
or  service  for  which  such  moneys  have  been  authorized  to  be  paid 
by  the  said  board  of  education. 

§  316  Moneys  and  accounts  in  union  free  school  districts 
whose  boundaries  are  not  the  same  as  the  boundaries  of  incor- 
porated  cities  and  villages.  1  All  moneys  raised  in  a  union  free 
school  district  whose  limits  do  not  correspond  with  those  of  a  city 
or  an  incorporated  village,  or  apportioned  thereto  by  the  Education 
Department  or  otherwise,  shall  be  paid  to  the  treasurer  of  the  dis- 
trict entitled  to  receive  the  same,  and  be  applied  to  the  uses  of  the 
district  and  the  board  shall  annually  render  their  accounts  of  all 
moneys  received  and  expended  by  them  for  the  use  of  said  schools. 

2  No  money  shall  be  drawn  from  such  funds  in  possession  of 
such  treasurer,  unless  in  pursuance  of  a  resolution  of  said  board, 
and  on  drafts  drawn  by  the  president  and  countersigned  by  the 
clerk  payable  to  the  order  of  the  persons  entitled  to  receive^  such 
money,  and  stating  on  their  face  the  purpose  or  service  for  which 
said  moneys  have  been  authorized  to  be  paid  by  the  said  board 
of  education. 

§  317  Boards  of  education  have  powers  of  trustees  of  common 
schools  and  trustees  of  academies.  The  board  of  education  shal? 
possess  all  the  powers  and  privileges,  and  be  subject  to  all  the  duties 
in  respect  to  the  common  schools,  or  the  common  school  depart- 
ments in  any  union  free  school  in  said  districts,  which  the  trustees 
of  common  schools  possess  or  are  subject  to  under  this  chapter, 
not  specially  provided  for  in  this  article,  and  not  inconsistent  with 
the  provisions  of  this  article;  and  to  enjoy,  whenever  an  academic 
department  shall  be  by  them  established,  all  the  immunities  and 
privileges  now  enjoyed  by  the  trustees  of  academies  in  this  State. 

§  318  Academy  may  be  adopted  as  academic  department. 
Whenever  a  union  free  school  shall  be  estabHshed  under  the  pro- 
visions of  article  5,  and  there  shall  exist  within  its  district  an 
academy,  the  board  of  education,  when  authorized  by  a  vote  of  the 
voters  of   the  district,   may  adopt   such  academy   as   the  academic 


^  So  in  original. 


EDUCATION    LAW  105 

department  of  the  district,  with  the  consent  of  the  trustees  of  the 
academy,  and  thereupon  the  trustees  by  a  resolution  to  be  attested 
by  the  signatures  of  the  officers  of  the  board  and  filed  in  the  office 
of  the  clerk  of  the  county,  shall  declare  their  offices  vacant,  and 
thereafter  the  said  academy  shall  be  the  academic  department  of 
such  union  free  school.  The  board  of  education  when  thereto 
authorized  by  a  vote  of  the  qualified  voters  of  the  district  may 
lease  said  academy  and  site,  and  maintain  the  academic  department 
of  such  union  free  school  therein  and  thereon. 

§  319  Contracts  with  academies.  The  board  of  education  of 
a  union  free  school  district,  with  the  approval  of  the  Commissioner 
of  Education,  may  adopt  an  academy  as  the  academic  department 
thereof,  and  contract  for  the  instruction  therein  of  pupils  of  aca- 
demic grade,  residing  in  the  district.  The  academy  thereupon 
becomes  the  academic  department  of  such  union  free  school,  and 
the  district  is  entitled  to  the  same  rights  and  privileges,  is  subject  to 
the  same  duties,  and  the  apportionment  and  distribution  of  state 
school  money  shall  be  made  to  it,  as  if  an  academic  department 
had  been  established  in  such  school. 

§  320  Retransfer  of  academy  to  its  former  trustees.  If  there 
shall  be,  in  a  dissolved  union  free  school  district,  an  academy  which 
shall  have  been  adopted  as  the  academic  department  of  the  union 
free  school,  under  the  provisions  of  title  9,  chapter  555  of  the  Laws 
of  1864,  and  any  amendment  thereof,  or  title  8  of  chapter  556  of 
the  Laws  of  1894,  and  any  amendment  thereof,  or  under  this 
chapter,  it  shall,  upon  the  application  of  a  majority  of  the  surviving 
resident  former  trustees  or  stockholders,  be  transferred  by  the  board 
of  education  to  said  former  trustees  or  stockholders. 

§  321  Records;  reports.  It  shall  be  the  duty  of  the  board  of 
education  to  keep  an  accurate  record  of  all  its  proceedings  in  books  ^ 

provided  for  that  purpose.  It  shall  also  be  the  duty  of  said  board 
to  cause  to  be  published  once  in  each  year,  during  the  month  of 
July,  in  at  least  one  public  newspaper,  printed  in  such  district,  a 
full  and  detailed  account  of  all  moneys  received  by  the  board  or 
the  treasurer  of  said  district,  for  its  account  and  use,  and  of  all 
the  moneys  expended  therefor,  giving  the  items  of  expenditure  in 
full;  should  there  be  no  paper  published  in  said  district  said  board 
shall  publish  such  account  by  notice  to  the  taxpayers,  by  posting 
copies  thereof  in  five  public  places  in  said  district.  [Amended  by 
L.  1919,  ch.  74,  in  effect  March  20,  1919.] 


106  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK  I 

§  322  Reports  to  Commissioner  of  Education.  1  The  board 
of  education  of  each  district  and  of  each  city  shall  make  such 
detailed  report  and  in  such  form  upon  any  matter  relating  to  the 
schools  under  their  management  and  control  as  the  Commissioner 
of  Education  shall  from  time  to  time  require. 

2  Such  board  of  education  shall  also  make  an  annual  report 
giving  the  information  relating  to  their  schools  required  of  trustees 
under  section  276  of  this  chapter.  Such  report  shall  also  contain 
such  information  as  the  Commissioner  of  Education  shall  require 
and  shall  be  in  the  form  prescribed  by  him.  Such  report  shall  be 
made  on  the  first  day  of  August  of  each  year  and,  in  the  case  of 
a  board  of  education  of  a  union  free  school  district,  shall  be  deliv- 
ered to  the  town  clerk  of  the  town  in  which  the  schoolhouse  of 
such  district  is  located. 

§  323  Estimated  expenses  for  ensuing  year.  It  shall  be  the 
duty  of  the  board  of  education  of  each  district  to  present  at  the 
annual  meeting  a  detailed  statement  in  writing  of  the  amount  of 
money  which  will  be  required  for  the  ensuing  year  for  school 
purposes  exclusive  of  the  public  moneys,  specifying  the  several 
purposes  and  the  amount  for  each.  This  section  shall  not  be  con- 
strued to  prevent  the  board  from  presenting  such  statement  at  a 
special  meeting  called  for  the  purpose,  nor  from  presenting  a  sup- 
plementary and  amended  statement  or  estimate  at  any  time.  fl 

§  324  Vote  upon  school  taxes.  After  the  presentation  of 
such  statement  or  estimate,  the  question  shall  be  taken  upon  voting 
the  necessary  taxes  to  meet  the  estimated  expenditures,  and  when 
demanded  by  any  voter  present,  the  question  shall  be  taken  upon 
each  item  separately,  and  the  inhabitants  may  increase  the  amount 
of  any  estimated  expenditures  or  reduce  the  same,  except  for 
teachers'  wages,  and  the  ordinary  contingent  expenses  of  the  schools. 

§  325  Levy  of  tax  for  certain  purposes  without  vote.  If  the 
inhabitants  shall  neglect  or  refuse  to  vote  the  sum  estimated  neces- 
sary for  teachers'  wages,  after  applying  thereto  the  public  school 
moneys,  and  other  moneys  received  or  to  be  received  for  that  pur- 
pose, or  if  they  shall  neglect  or  refuse  to  vote  the  sum  estimated 
necessary  for  ordinary  contingent  expenses,  the  board  of  education 
may  levy  a  tax  for  the  same,  in  Hke  manner  as  if  the  same  had 
been  voted  by  the  inhabitants. 

§  326  Reference  to  Commissioner  of  Education.  If  any  ques- 
tion shall  arise  as  to  what  are  ordinary  contingent  expenses  the 
same  may  be  referred  to  the  Commissioner   of   Education,   by  a 


EDUCATION    LAW  107 

statement  in  writing,  signed  by  one  or  more  of  each  of  the  opposing 
parties  upon  the  question,  and  the  decision  of  the  Commissioner 
shall  be  conclusive. 

§  327  Corporate  authorities  must  raise  tax  certified  by  board 
of  education.  1  The  corporate  authorities  of  any  incorporated 
village  or  city  in  which  any  such  union  free  school  shall  be  estab- 
lished, shall  have  power,  and  it  shall  be  their  duty,  to  raise,  from 
time  to  time,  by  tax,  to  be  levied  upon  all  the  real  and  personal 
property  in  said  city  or  village,  as  by  law  provided  for  the  defraying 
of  the  expenses  of  its  municipal  government,  such  sum  as  the  board 
of  education  established  therein  shall  declare  necessary  for  teachers' 
salaries  and  the  ordinary  contingent  expenses  of  supporting  the 
schools  of  said  district. 

2  The  sums  so  declared  necessary  shall  be  set  forth  in  a  detailed 
statement  in  writing,  addressed  to  the  corporate  authorities  by  the 
board  of  education,  giving  the  various  purposes  of  anticipated 
expenditure,  and  the  amount  necessary  for  each;  and  the  said  cor- 
porate authorities  shall  have  no  power  to  withhold  the  sums  so 
declared  to  be  necessary;  and  such  corporate  authorities  as  afore- 
said shall  have  power,  and  it  shall  be  their  duty  to  raise,  from  time 
to  time,  by  tax  as  aforesaid,  any  such  further  sum  to  be  set  forth 
in  a  detailed  statement  in  writing,  addressed  to  the  corporate  author- 
ities by  the  board  of  education,  giving  the  various  purposes  of  the 
proposed  expenditure,  and  the  amount  necessary  for  each  which 
may  have  been  or  which  may  hereafter  be  authorized  by  a  majority 
of  the  voters  of  such  union  free  school  district  present  and  voting 
at  any  special  district  meeting  duly  convened  for  any  of  the  pur- 
poses stated  in  section  467  of  this  chapter. 

§  328  Application  of  this  article.  The  provisions  of  this 
article  shall  apply  to  all  union  free  schools  heretofore  organized 
pursuant  to  the  provisions  of  chapter  433  of  the  Laws  of  1853, 
and  the  amendments  thereof,  chapter  555  of  the  Laws  of  1864,  and 
the  amendments  thereof,  and  of  chapter  556  of  the  Laws  of  1894, 
and  the  amendments  thereof ;  and  sections  327,  460,  467  and  480 
of  this  chapter  are  made  applicable  to  all  school  districts  established 
by  and  organized  under  special  statutes,  except  those  of  cities; 
and  sections  310,  subdivision  19,  312  and  458  of  this  chapter  are 
made  applicable  to  all  .school  districts  having  a  population  of  five 
thousand  and  upwards  established  by  and  organized  under  special 
statutes. 


108  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

ARTICLE  12 

Town  Clerks 

Section  340  Duties  of  town  clerks 

341  Expenses  of  town  clerks 

§  340  Duties  of  town  clerks.  It  shall  be  the  duty  of  the  town 
clerk  of  each  town: 

1  To  keep  all  books,  maps,  papers,  and  records  of  his  office 
touching  common  schools,  and  forthwith  to  report  to  the  school 
commissioner  any  loss  or  injury  to  the  same. 

2  To  receive  from  the  supervisors  the  certificates  of  apportion- 
ment of  school  moneys  to  the  town,  and  to  record  them  in  a  book 
to  be  kept  for  that  purpose. 

3  To  notify  forthwith  the  trustees  of  the  several  school  districts 
of  the  filing  of  each  such  certificate. 

4  To  see  that  the  trustees  of  the  school  districts  make  and  deposit 
with  him  their  annual  reports  within  the  time  prescribed  by  law, 
and  to  deliver  them  to  the  school  commissioner  on  demand. 

5  To  furnish  the  school  commissioner  of  the  school  commis- 
sioner district  in  which  his  town  is  situated  the  names  and  post- 
office  addresses  of  the  school  district  officers  reported  to  him  by 
the  district  clerks. 

6  To  distribute  to  the  trustees  of  the  school  districts  all  books, 
blanks  and  circulars  which  shall  be  delivered  or  forwarded  to  him 
by  the  Commissioner  of  Education  or  school  commissioner  for  that 
purpose. 

7  To  receive  from  the  supervisor,  and  record  in  a  book  kept 
for  that  purpose,  the  annual  account  of  the  receipts  and  disburse- 
ments of  school  moneys  required  to  be  submitted  to  the  town 
auditors,  together  with  the  action  of  the  town  auditors  thereon, 
and  to  send  a  copy  of  the  account  and  of  the  action  thereon,  by 
mail,  to  the  Commissioner  of  Education  whenever  required  by  him, 
and  to  file  and  preserve  the  vouchers  accompanying  the  account. 

8  To  receive  and  to  record,  in  the  same  book,  the  supervisor's 
final  account  of  the  school  moneys  received  and  disbursed  by  him. 
and  deliver  a  copy  thereof  to  such  supervisor's  successor  in  office. 

9  To  receive  from  the  outgoing  supervisor,  and  file  and  record 
in  the  same  book,  the  county  treasurer's  certificate,  that  his  suc- 
cessor's bond  has  been  given  and  approved. 

10  To   receive,    file   and   record   the   descriptions   of    the    school 


EDUCATION    LAW  109 

districts,  and  all  papers  and  proceedings  delivered  to  him  by  the 
school  commissioner  pursuant  to  the  provisions  of  this  chapter. 

11  To  act,  when  thereto  legally  required,  in  the  erection  or 
alteration  of  a  school  district,  as  in  article  5  of  this  chapter  provided. 

12  To  receive  and  preserve  the  books,  papers  and  records  of 
any  dissolved  school  district,  which  shall  be  ordered,  as  hereinafter 
provided,  to  be  deposited  in  his  office. 

13  To  perform  any  other  duty  which  may  be  devolved  upon 
him  by  this  chapter,  or  by  any  other  act  touching  common  schools. 
[Renumbered  §  364  by  L.  1917,  ch.  328;  renumbered  §  340  by 
L.  1918,  ch.  199.] 

§  341  Expenses  of  town  clerks.  The  necessary  expenses  and 
disbursements  of  the  town  clerk  in  the  performance  of  his  said 
duties,  are  a  town  charge,  and  shall  be  audited  and  paid  as  such. 
[Renumbered  §  365  by  L.  1917,  ch.  328;  renumbered  §  341  by 
L.  1918,  ch.  199.] 


ARTICLE  13 

Supervisors 

Section  360  Duties  of  supervisors 

361  Sale  of  gospel  or  school  lots  on  division  of  town 

362  Payment  of  proceeds  of  sale  of  gospel  or  school  lots 

363  Supervisor's  bond  for  school  moneys 

364  Refusal  of  supervisor  to  give  bond 

365  Report  by  supervisors  to  district  superintendents 

366  Penalties  of  certain  bonds 

§  360  Duties  of  supervisors.  It  is  the  duty  of  every  super- 
visor : 

1  To  disburse  the  school  moneys  in  his  hands  applicable  to  the 
payment  of  teachers'  wages,  upon  and  only  upon  the  written  orders 
of  a  sole  trustee  or  a  majority  of  the  trustees,  in  favor  of  qualified 
teachers.  But  whenever  the  collector  in  any  school  district  shall 
have  given  bonds  for  the  due  and  faithful  performance  of  the 
duties  of  his  office  as  disbursing  agent,  as  required  by  section  253 
or  whenever  any  school  district  shall  elect  a  treasurer  as  provided 
in  this  chapter,  the  said  supervisor  shall,  upon  the  receipt  by  him 
of  a  copy  of  the  bond  executed  by  said  collector  or  treasurer  as 
herein  required,  certified  by  the  trustees,  pay  over  to  such  collector 
or  treasurer,  all  moneys  in  his  hands  applicable  to  the  payment  of 
teachers'  wages  in  such  district,  and  the  said  collector  or  treasurer 


110  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

shall  disburse  such  moneys  so  received  by  him  upon  such  orders 
as  are  specified  herein  to  the  teachers  entitled  to  the  same. 

2  To  pay  over  all  the  school  money  apportioned  to  a  union 
free  school  district,  to  the  treasurer  of  such  district,  upon  the  order 
of  its  board  of  education. 

3  To  keep  a  just  and  true  account  of  all  the  school  moneys 
received  and  disbursed  by  him  during  each  year,  and  to  lay  the 
same,  with  proper  vouchers,  before  the  town  board  or  board  of 
town  auditors  at  each  annual  meeting  thereof. 

4  To  provide  a  bound  blank  book,  the  cost  of  which  shall  be 
a  town  charge,  and  to  enter  therein  all  his  receipts  and  disburse- 
ments of  school  moneys,  specifying  from  whom  and  for  what  pur- 
poses they  were  received,  and  to  whom  and  for  what  purposes  they 
were  paid  out;  and  to  deliver  the  book  to  his  successor  in  office. 

5  To  make  out  a  just  and  true  account  of  all  school  moneys 
received  by  him  and  of  all  disbursements  thereof,  within  fifteen 
days  after  the  termination  of  his  office  and  to  deliver  the  same  to 
the  town  clerk  to  be  filed  and  recorded,  and  to  notify  his  successor 
in  office  that  such  account  has  been  made  and  filed. 

6  To  deliver  to  his  predecessor  the  county  treasurer's  certificate 
showing  that  he  has  given  to  such  treasurer  the  bond  required  by 
section  363  of  this  chapter  and  that  such  bond  has  been  approved 
by  such  treasurer,  and  to  procure  from  the  town  clerk  a  copy  of 
his  predecessor's  account,  and  to  demand  and  receive  from  him  all 
school  moneys  remaining  in  his  hands. 

7  To  pay  to  his  successor  upon  receipt  of  such  certificate  all 
school  moneys  remaining  in  his  hands,  and  to  forthwith  file  the 
certificate  in  the  town  clerk's  ofBce. 

8  To  sue  for  and  recover,  in  his  name  of  office,  when  the  duty 
is  not  elsewhere  imposed  by  law,  all  penalties  and  forfeitures  im- 
posed by  this  chapter,  and  for  any  default  or  omission  of  any  town 
officer  or  school  district  board  or  officer  under  this  chapter;  and 
after  deducting  his  costs  and  expenses  to  report  the  balances  to 
the  school  commissioner. 

9  To  act,  when  legally  required,  in  the  erection  or  alteration  of 
a  school  district,  as  provided  in  article  5  of  this  chapter,  and  to 
perform  any  other  duty  which  may  be  devolved  upon  him  by  this 
chapter,  or  any  other  act  relating  to  common  schools. 

10  To  take  and  hold  possession  of  the  gospel  and  school  lots 
of  their  respective  towns. 

11  To  lease  the  same  for  such  time  and  not  exceeding  twenty- 
one  years,  and  upon  such  conditions  as  they  shall  deem  expedient. 


EDUCATION    LAW  111 

12  To  sell  the  same  with  the  advice  and  consent  of  the  inhabi- 
tants of  the  town,  in  town-meeting  assembled,  for  such  price  and 
upon  such  terms  of  credit  as  shall  appear  to  them  most  advantageous. 

13  To  invest  the  proceeds  of  such  sales  in  loans,  secured  by 
bond  and  mortgage  upon  unincumbered  real  property  of  the  value 
of  double  the  amount  loaned. 

14  To  purchase  the  property  so  mortgaged  upon  a  foreclosure, 
and  to  hold  and  convey  the  property  so  purchased  whenever  it 
shall  become  necessary. 

15  To  reloan  the  amount  of  such  loans  repaid  to  them,  upon 
the  like  security. 

16  To  apply  the  rents  and  profits  of  such  lots,  and  the  interest 
of  the  money  arising  from  the  sale  thereof,  to  the  support  of  schools, 
as  may  be  provided  by  law,  in  such  manner  as  shall  be  thus  provided. 

17  To  render  a  just  and  true  account  of  the  proceeds  of  the 
sales  and  the  interest  on  the  loans  thereof,  and  of  the  rents  and 
profits  of  such  gospel  and  school  lots,  and  of  the  expenditure  and 
appropriation  thereof,  on  the  last  Tuesday  next  preceding  the  annual 
town-meeting  in  each  year,  to  the  town  board. 

18  To  deliver  over  to  his  successor  in  office,  all  boxes,  papers 
and  securities  relating  to  the  same,  at  the  expiration  of  their 
respective  offices. 

19  To  take  therefor  a  receipt,  which  shall  be  filed  in  the  clerk's 
office  of  the  town;  and, 

20  To  commence  and  prosecute  in  and  by  the  name  and  stvie 
of  the  supervisor  of  the  town  any  suits  against  any  of  his  prede- 
cessors in  office  or  against  any  other  person  to  recover  any  debt, 
dues  or  demands,  in  anywise  arising  from  such  public  lot;  and  no 
such  suit  shall  abate  by  the  death,  resignation  or  removal  from 
office  of  the  said  supervisor  but  the  same  shall  and  may  be  prose- 
cuted to  judgment  and  execution  by  his  successor  in  office. 
[Renumbered  §  370  by  L.  1917,  ch.  328;  renumbered  §  360  by 
L.  1918,  ch.  199.] 

§  361  Sale  of  gospel  or  school  lots  on  division  of  town. 
Whenever  a  town  having  lands  assigned  to  it  for  the  support  of  the 
gospel  or  of  schools,  shall  be  divided  into  two  or  more  towns,  or 
shall  be  altered  in  its  limits  by  the  annexing  of  a  part  of  its  territory 
to  other  towns,  such  lands  shall  be  sold  by  the  supervisor  of  the 
town,  in  which  such  lands  were  included  immediately  before  such 
division  or  alteration ;  and  the  proceeds  thereof  shall  be  apportioned 
between  the  towns  interested  therein,  in  the  same  manner  as  the 
other  public  moneys  of  towns,  so  divided  or  altered,  are  appor- 


112  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

tioned.  [Renumbered  §  371  by  L.  1917,  ch.  328;  renumbered  §  361 
by  L.  1918,  ch.  199.] 

§  361  Payment  of  proceeds  of  sale  of  gospel  or  school  lots. 
The  shares  of  such  moneys,  to  which  the  towns  shall  be  respectively 
entitled,  shall  be  paid  to  the  supervisors  of  the  respective  towns, 
and  shall  thereafter  be  subject  to  the  provisions  of  this  article. 
[Renumbered  §  372  by  L.  1917 ,  ch.  328 ;  renumbered  §  362  by  L. 
1918,  ch.  199.] 

§  363  Supervisor's  bond  for  school  moneys.  1  Immediately 
on  receiving  the  school  commissioner's  certificates  of  apportion- 
ment the  county  treasurer  shall  require  of  each  supervisor,  and 
each  supervisor  shall  give  to  the  treasurer,  in  behalf  of  the  town, 
his  bond,  with  two  or  more  sufficient  sureties,  approved  by  the 
treasurer,  in  the  penalty  of  at  least  double  the  amount  of  the  school 
moneys  set  apart  or  apportioned  to  the  town,  and  of  any  such 
moneys  unaccounted  for  by  his  predecessors,  conditioned  for  the 
faithful  disbursement,  safe-keeping  and  accounting  for  such  moneys, 
and  of  all  other  school  moneys  that  may  come  into  his  hands  from 
any  other  source. 

2  If  the  condition  shall  be  broken  the  county  treasurer  shall 
sue  the  bond  in  his  own  name,  in  behalf  of  the  town,  and  the  money 
recovered  shall  be  paid  over  to  the  successor  of  the  supervisor  in 
default,  such  successor  having  first  giving^  security  as  aforesaid. 

3  Whenever  the  office  of  a  supervisor  shall  become  vacant,  the 
county  treasurer  shall  require  the  person  elected  or  appointed  to 
fill  such  vacancy  to  execute  a  bond,  with  two  or  more  sureties,  to 
be  approved  by  the  treasurer,  in  the  penalty  of  at  least  double  the 
sum  of  the  school  moneys  remaining  in  the  hands  of  the  old  super- 
visor, when  the  office  became  vacant,  conditioned  for  the  faithful 
disbursement  and  safe-keeping  of  and  accounting  for  such  moneys. 
But  the  execution  of  this  bond  shall  not  relieve  the  supervisor 
from  the  duty  of  executing  the  bond  first  above  mentioned. 
[Renumbered  §  373  by  L.  1917,  ch.  328;  renumbered  §  363  by 
L.  1918,  ch.  199.] 

§  364  Refusal  of  supervisor  to  give  bond.  The  refusal  of  a 
supervisor  to  give  such  security  shall  be  a  misdemeanor,  and  any 
fine  imposed  on  his  conviction  thereof  shall  be  for  the  benefit  of 
the  common  schools  of  the  town.  Upon  such  refusal,  the  moneys 
so  set  apart  and  apportioned  to  the  town  shall  be  paid  to  and  dis- 
bursed by  some  other  officer  or  person  to  be  designated  by  the 
county  judge,  under  such  regulations  and  with  such  safeguards  as 


1  So   in  original. 


EDUCATION    LAW  113 

he  may  prescribe,  and  the  reasonable  compensation  of  such  officer 
or  person,  to  be  adjusted  by  the  board  of  supervisors,  shall  be  a 
town  charge.  [Renumbered  §  374  by  L.  1917,  ch.  328;  renumbered 
§  364  by  L.  1918,  ch.  199.] 

§  365  Report  by  supervisors  to  district  superintendents.      On 

the  first  Tuesday  of  February  in  each  year,  each  supervisor  shall 
make  a  return  in  writing  to  the  district  superintendent  of  schools 
of  the  supervisory  district  in  which  the  town  is  situated,  showing 
the  amounts  of  school  moneys  in  his  hands  not  paid  on  the  orders 
of  trustees  for  teachers'  salaries,  and  the  districts  to  which  they 
stand  accredited,  and  if  such  moneys  remain  in  his  hands,  he  shall 
report  that  fact;  and  thereafter  he  shall  not  pay  out  any  of  said 
moneys  until  he  shall  have  received  the  certificate  of  the  next  appor- 
tionment ;  and  the  moneys  so  returned  by  him  shall  be  reapportioned 
as  directed  in  article  18  of  this  chapter.  [Amended  by  L.  1913, 
ch.  130;  renumbered  §  375  by  L.  1917,  ch.  328;  renumbered  §  365 
by  L.  1918,  ch.  199.] 

§  366  Penalties  of  certain  bonds.  Whenever  the  supervisor 
of  the  town  or  a  school  district  officer  is  required  to  furnish  a 
bond  under  the  provisions  of  this  chapter  in  the  penalty  of  double 
the  amount  of  moneys  apportioned  or  to  be  received,  and  such 
supervisor  or  district  officer  furnishes  the  bond  of  a  surety  or 
bonding  company  authorized  by  law  to  transact  business  in  this 
State  and  to  execute  such  bond,  the  penalty  thereof  may  be  fixed 
at  the  amount  of  moneys  so  apportioned  or  to  be  received,  in  lieu 
of  the  double  penalty  herein  prescribed.  [Added  by  L.  1921,  ch. 
480,  in  effect  May  2,  1921.]  . 

Fees  of  Supervisor 

Town  Law  (L.  1909,  ch.  63) 

§  85  Compensation  of  town  officers. 

3  The  supervisor  of  each  town  shall  be  allowed  and  paid,  in  the  same 
manner  as  other  town  charges  are  allowed  and  paid,  a  fee  of  one  per  centum 
on  all  moneys  paid  out  by  him  as  such  supervisor,  including  school  moneys 
disbursed  by  him  as  provided  in  the  Education  Law,  moneys  paid  out  by  him 
for  damages  arising  from  dogs  killing  or  injuring  sheep  as  provided  in 
article  7  of  the  county  law,  moneys  in  his  hands  paid  out  by  him  for  the 
relief  of  the  poor,  and  all  other  town  moneys  paid  out  by  him  for  defraying 
town  charges,  except  moneys  expended  under  article  6  of  the  highway  law. 
But  no  such  fee  shall  be  allowed  or  paid  upon  moneys  paid  over  by  him 
to  his  successor  in  office.  Such  fees  shall  be  in  full  compensation  for  all 
services  rendered  by  him  in  respect  to  moneys  received  and  paid  out  by  him 
as  such  supervisor  as  provided  by  law  except  the  compensation  provided  in 
section  110  of  the  highway  law.     [As  amended  by  L.  1909,  ch.  491.] 


114  THE   UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

Appropriation  for  Pedagogical  Department 

(County  Law,  §  i2) 

46  In  order  to  provide  an  adequate  number  of  teachers  to  be  available  for 
employment  in  the  public  schools  in  the  county,  the  board  of  supervisors  of 
any  county  in  which  is  located  a  college  or  university  having  a  department 
for  fitting  pupils  to  be  teachers,  and  commonly  known  as  a  pedagogical 
department,  may,  from  time  to  time,  appropriate  moneys  for  salaries  of  the 
teaching  staff  in  such  department,  or  to  be  applied  toward  the  payment  of 
such  salaries,  and  may  raise  such  moneys  by  tax  on  the  taxable  property 
within  the  county.     [As  added  by  L.  1922,  ch.  307,  in  effect  March  28,  1922.] 


ARTICLE  14 

(Entire  article  amended  by  L.  1910,  ch.  607) 

District  Superintendent  of  Schools;  His  Election,  Powers  and 

Duties 

Section  380  Office  of  district  superintendent  of  schools  created 

381  Supervisory  districts 

382  School  directors 

383  Election  of  district  superintendent 

384  Qualifications  of  district  superintendents 

385  District  superintendent  must  take  oath  of  ofBce 

386  Term  of  office  of  district  superintendent 

387  Vacancies  in  the  office  of  district  superintendent 

388  Filling  vacancies  in  the  office  of  district  superintendent 

389  Salary  of  district  superintendent 

390  Expense  of  district  superintendents 

391  Salary  of  district  superintendent  may  be  withheld 

392  Removal  of  district  superintendent  from  office 

393  District   superintendent   not   to   be   interested   in   certain  business 

or  to  accept  rewards,  et  cetera 

394  District  superintendent  not  to  engage   in   other  business 

395  General  powers  and  duties  of  district  superintendent 

396  District  superintendent  subject  to  the  rules  of   Commissioner  of 

Education 

397  Other  duties  of  a  district  superintendent 

398  Appeals  from  acts  of  district  superintendent,  et  cetera 

§  380  Office  of  district  superintendent  of  schools  created. 
The  office  of  district  superintendent  of  schools  is  hereby  created 
to  begin  on  the  first  day  of  January,  nineteen  hundred  and  twelve. 
[Amended  by  L.  1910,  ch.  607.] 

§  381  Supervisory  districts.  1  The  territory  embraced  in 
the  school  commissioner  districts  of  the  State  outside  of  cities  and 
of    school   districts   of   five   thousand    population   or    more,    vi^hich 


EDUCATION    LAW  115 

employ  a  superintendent  of  schools,  shall  be  organized  and  divided 
into  supervisory  districts.  In  the  formation  or  division  of  such 
territory  into  such  districts  no  town  shall  be  divided.  The  territory 
of  such  districts  must  be  contiguous  and  compact  and  towns  shall 
be  arranged  in  districts  so  that  there  shall  be  as  equal  a  division 
of  the  territory  and  number  of  school  districts  as  may  be  practicable. 

2  In  a  county  entitled  to  two  or  more  supervisory  districts  the 
school  commissioner  of  each  school  commissioner  district  in  such 
county  and  the  supervisor  of  each  town  in  such  county  shall  meet 
at  the  county  seat  of  such  county  on  the  third  Tuesday  in  April, 
nineteen  hundred  and  eleven,  at  ten  o'clock  in  the  forenoon  and 
divide  such  county  into  the  number  of  supervisory  districts  to 
which  it  is  entitled. 

3  The  county  clerk  of  such  county  shall  give  ten  days'  notice, 
in  writing,  of  such  meeting,  to  each  of  such  school  commissioners 
and  supervisors.  The  county  clerk  shall  also  call  such  meeting 
to  order  at  the  proper  hour  and  the  school  commissioners  and  super- 
visors present  shall  elect  from  their  number  a  chairman  and  a 
clerk. 

4  A  copy  of  the  proceedings  of  such  meeting  showing  the  super- 
visory districts  formed  and  naming  the  towns  composing  each  of 
such  districts,  certified  by  the  chairman  and  clerk,  shall  be  deposited 
by  the  clerk  of  such  meeting  in  the  office  of  the  clerk  of  the  county 
immediately  after  the  close  of  the  meeting.  The  county  clerk  on 
receipt  of  the  same  shall  forward,  a  certified  copy  thereof  to  the 
Commissioner  of  Education. 

5  The  number  of  supervisory  districts  into  which  each  countv 
shall  be  organized  or  divided  is  as  follows: 

a  Hamilton,  Putnam,  Rockland,  Schenectady,  each  one; 

h  Chemung,  Fulton,  Genesee,  Montgomery,  Nassau,  Schuyler, 
Seneca,  Yates,  each  two; 

c  Albany,  Columbia,  Cortland,  Essex,  Greene,  Livingston, 
Niagara,  Orange,  Orleans,  Rensselaer,  Schoharie,  Suffolk,  Sul- 
livan, Tioga,  Tompkins,  Warren,  Wyoming,  each  three; 

d  Broome,  Clinton,  Dutchess,  Franklin,  Herkimer,  Lewis, 
Madison,  Monroe,  Ontario,  Saratoga,  Ulster,  Washington,  Wayne, 
Westchester,  each  four; 

e  Allegany,  Cattaraugus,  Cayuga,  Chenango,  Erie,  Onondaga, 
Oswego,  each  five ; 

/  Chautauqua,  Delaware,  Jefferson,  Otsego,  each  six; 

g  Oneida,  Steuben,  each  seven; 

h  Saint  Lawrence,  eight  districts.  [Amended  by  L.  1919,  ch. 
300,  in  effect  May  3,  1919.] 


116  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

6  The  district  superintendents  of  two  or  more  supervisory  dis- 
tricts in  a  county  may  unite  in  a  petition  to  the  board  of  super- 
visors of  the  county  for  a  change  in  the  boundaries  of  such  districts 
by  including  or  excluding  one  or  more  towns,  stating  the  reasons 
for  such  change,  and  if  such  change  conforms  to  the  territorial 
requirements  of  subdivision  1  of  this  section,  the  board  of  super- 
visors may,  by  resolution,  change  such  districts  in  accordance  with 
such  petition.  A  copy  of  such  resolution,  certifted  by  the  chairman 
and  clerk  of  the  board  of  supervisors,  shall  be  deposited  by  the 
clerk  in  the  office  of  the  clerk  of  the  county.  The  county  clerk 
on  receipt  of  the  same  shall  forward  a  certified  copy  thereof  to 
the  Commissioner  of  Education.  [Subdivision  6  added  by  L.  1916, 
ch.  238 ;  section  amended  by  L.  1910,  ch.  607.] 

§  382  School  directors ;  terms  of  office ;  election ;  appointment. 
1  Each  town  included  within  a  supervisory  district  shall  have  two 
school  directors  who  shall  serve  for  terms  of  four  years  each.  The 
school  directors  who  are  in  office  when  this  act  takes  effect  shall 
continue  in  office  until  their  successors  are  chosen  as  provided  by 
law.  School  directors  shall  be  elected  at  the  town  meetings  held 
in  the  years  next  succeeding  the  expiration  of  the  terms  of  the 
school  directors  in  office  when  this  act  takes  effect  and  one  director 
shall  be  elected  at  the  town  meeting  held  in  every  fourth  year  there- 
after. Such  directors  and  their  successors  in  office  shall  serve  for 
terms  of  four  years  each  to  commence  on  the  first  day  of  January 
following  their  election.  Such  directors  shall  be  elected  in  the  same 
manner  that  town  officers  are  elected  at  town  meetings  held  under 
the  provisions  of  the  town  law,  and  the  provisions  of  the  election 
law  relating  to  the  nomination  and  election  of  such  town  officers 
shall  apply  to  the  nomination  and  election  of  such  directors.  [Sub- 
division 1  amended  by  L.  1920,  ch.  285,  in  effect  April  21,  1920.] 

2  A  school  director  shall  vacate  his  office  by  removal  from  the 
town  or  by  filing  a  written  resignation  with  the  town  clerk.  A 
vacancy  in  the  office  of  school  director  shall  be  filled  by  the  town 
board  of  the  town  in  which  such  vacancy  exists,  for  the  remainder 
of  the  unexpired  term.  If  the  town  fails  to  elect  a  director  a 
vacancy  shall  be  deemed  to  exist  in  such  office. 

3  A  school  director  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  and  not  later  than  thirty  days  after  the  date 
on  which  he  was  elected  to  office,  shall  take  the  oath  of  office  pre- 
scribed by  the  constitution.  Such  oath  may  be  taken  before  a  justice 
of  the  peace  or  a  notary  public,  and  must  be  filed  in  the  office  of 
the  clerk  of  the  town. 


EDUCATION    LAW  117 

4  A  school  director  shall  receive  two  dollars  per  day  for  each 
day's  service  and  his  necessary  traveling  expenses,  and  the  town 
board  of  the  town  for  which  such  director  is  chosen  shall  audit 
and  allow  the  same.  [Amended  by  L.  1910,  ch.  607 ,  and  L.  1916, 
ch.  168.] 

§  383  Election  of  district  superintendent.  1  The  school 
directors  of  the  several  towns  composing  a  supervisory  district  shall 
meet  for  organization  at  eleven  o'clock  in  the  forenoon  on  the  third 
Tuesday  in  May  following  their  election.  Such  meeting  shall  be 
held  at  a  place  in  the  supervisory  district,  designated  by  the  county 
clerk,  at  least  ten  days  previous  to  the  date  thereof.  At  the  time 
the  county  clerk  designates  such  place  of  meeting  he  shall  also  mail 
a  notice  of  the  time  and  place  of  such  meeting  to  each  school  director 
of  the  district.  The  school  directors  present  at  such  meeting  shall 
organize  by  electing  from  their  number  a  chairman,  a  clerk  and 
two  inspectors  of  election.  The  school  directors  at  such  meeting 
shall  designate  a  place  for  holding  future  meetings. 

2  The  school  directors  of  the  several  towns  composing  a  super- 
visory district  shall  be  a  board  of  school  directors,  and  such  board 
of  directors  shall  meet  at  eleven  o'clock  in  the  forenoon  on  the 
third  Tuesday  in  August,  1911,  and  on  the  third  Tuesday  in  June 
every  fifth  year  thereafter,  and  elect  a  district  superintendent  of 
schools.  The  clerk  of  such  board  shall  give  each  director  at  least 
ten  days'  notice  in  writing  of  the  hour,  date  and  place  of  such 
meeting. 

3  If  such  directors  fail  to  elect  a  district  superintendent  of 
schools  before  the  first  day  of  January  following  the  date  of  such 
meeting,  and  a  vacancy  exists  in  such  office,  the  county  judge  shall 
appoint  such  superintendent  who  shall  serve  until  the  board  of 
directors  shall  fill  such  vacancy. 

4  In  the  election  of  such  district  superintendent  the  vote  shall 
be  by  ballot  and  the  person  receiving  a  majority  of  all  votes  cast 
shall  be  elected.  Each  school  director  shall  be  entitled  to  one  vote 
in  such  election. 

5  The  clerk  of  such  board  shall  file  a  copy  of  the  proceedings 
of  each  meeting  and  each  election,  certified  by  himself  and  the 
chairman,  in  the  office  of  the  clerk  of  the  county  in  which  such 
meeting  or  election  is  held  within  three  days  after  the  close 
thereof. 

6  The  county  clerk  on  receipt  of  notice  of  the  election  of  a 
district  superintendent  of  schools  in  any  supervisory  district  of 
his  county  shall  deliver  to  the  person  elected  a  certificate  of  such 


118  THE   UNIVERSITY   OF   THE   STATE   OF    NEW    YORK 

election  attested  by  his  signature  with  the  seal  of  the  county  and 
shall  also  transmit  to  the  Commissioner  of  Education  a  duplicate 
of  such  certificate  of  election.     [Amended  by  L.  1910,  ch.  607.] 

7  When  a  district  superintendent  enters  the  military  or  naval 
service  of  the  United  States  during  the  continuance  of  the  present 
war,  the  board  of  school  directors  of  the  supervisory  district  of 
such  district  superintendent  shall  designate  a  person  to  act  as  the 
deputy  of  such  district  superintendent.  This  deputy  shall  during 
the  absence  of  said  district  superintendent  perform  all  the  dutie? 
and  possess  the  power  and  authority  conferred  by  law  on  a  district 
superintendent.  Such  person  shall  also  possess  qualifications 
approved  by  the  Commissioner  of  Education.  [Added  by  L.  1918, 
ch.  107,  in  effect  March  28,  1918.] 

§  384  Qualifications  of  district  superintendents.  1  To  be 
eligible  to  election  to  the  office  of  district  superintendent  of  schools 
a  person  must  be  at  least  twenty-one  years  of  age,  a  citizen  of  the 
United  States  and  a  resident  of  the  State,  but  he  need  not  be  a 
resident  of  the  supervisory  district  for  which  he  is  elected  at  the 
time  of  his  election.  Such  superintendent  must,  however,  become 
a  resident  of  the  county  containing  the  district  for  which  he  has 
been  elected  on  or  before  the  date  on  which  his  term  of  office 
begins.  Failure  to  acquire  such  residence  will  be  deemed  a  removal 
from  the  county.     No  person  shall  be  ineligible  on  account  of  sex. 

2  In  addition  thereto  he  must  possess  or  be  entitled  to  receive 
a  certificate  authorizing  him  to  teach  in  any  of  the  public  schools 
of  the  State  without  further  examination  and  he  shall  also  pass  an 
examination  prescribed  by  the  Commissioner  of  Education  on  the 
supervision  of  courses  of  study  in  agriculture  and  teaching  the 
same. 

3  A  district  superintendent  who  is  removed  from  office  shall  not 
be  eligible  to  election  to  such  office  in  any  supervisory  district  for 
a  period  of  five  years.     [Amended  by  L.  1910,  ch.  607.] 

§  385  District  superintendent  must  take  oath  of  office.  A 
district  superintendent  of  schools  before  entering  upon  the  discharge 
of  the  duties  of  his  office,  and  not  later  than  five  days  after  the 
date  on  which  his  term  of  office  is  to  commence,  shall  take  the 
oath  of  office  prescribed  by  the  constitution.  Such  oath  may  be 
taken  before  a  county  clerk,  a  justice  of  the  peace,  or  a  notary 
public  and  must  be  filed  in  the  office  of  the  clerk  of  the  county. 
[Amended  by  L.  1910,  ch.  607.] 

§  386  Term  of  office  of  district  superintendent.  The  district 
superintendents  elected  in  1911  shall  hold  office  until  the  first  day 


EDUCATION    LAW  119 

of  August,  1916.  The  full  term  of  office  of  a  district  superin- 
tendent of  schools  elected  in  1916  and  thereafter  shall  be  five  years 
and  shall  commence  on  the  first  day  of  August  next  after  his  elec- 
tion. A  district  superintendent  of  schools  unless  removed  shall 
hold  office  until  his  successor  is  chosen  and  qualified.  [Amended 
by  L.  1910,  ch.  607.] 

§  387  Vacancies  in  the  office  of  district  superintendent.  The 
office  of  district  superintendent  of  schools  shall  be  vacant  upon: 

1  The  death  of  an  incumbent. 

2  His  removal  from  office  by  the  Commissioner  of  Education. 

3  His  removal  from  the  county. 

4  His  filing  in  the  office  of  the  clerk  of  the  county  his  written 
resignation. 

5  His  acceptance  of  the  office  of  supervisor,  town  clerk  or  trus- 
tee of  a  school  district. 

6  His  failure  to  take  and  file  the  oath  of  office  as  provided  in 
this  article.     [Amended  by  L.  1910,  ch.  607.] 

§  388  Filling  vacancy  in  the  office  of  district  superintendent. 

Whenever  a  vacancy  occurs  it  shall  be  filled  for  the  remainder  of 
the  unexpired  term  by  the  board  of  school  directors.  Upon  direc- 
tion of  the  Commissioner  of  Education  the  clerk  of  the  board  in 
which  the  supervisory  district  having  such  vacancy  is  located  shall 
immediately  call  a  special  meeting  of  such  board  for  the  purpose 
of  electing  a  district  superintendent.  The  provisions  of  this  title 
relative  to  the  election  generally  of  a  district  superintendent  of 
schools,  including  notices,  filing  of  the  proceedings  and  all  other 
matters  relating  to  such  an  election,  shall  apply  to  a  special  election 
to  fill  a  vacancy  in  such  office.     [Amended  by  L.  1910,  ch.  607.] 

§  389  Salary  of  district  superintendent.  1  Each  district 
superintendent  shall  receive  an  annual  salary  from  the  State  of 
eighteen  hundred  dollars,  payable  monthly  by  the  Commissioner  of 
Education  from  moneys  appropriated  therefor. 

2  The  supervisors  of  the  towns  composing  any  supervisory  dis- 
trict may  by  adopting  a  resolution  by  a  majority  vote  increase  the 
salary  to  be  paid  by  such  district  to  its  district  superintendent. 
Such  supervisors  must  thereupon  file  with  the  clerk  of  the  board 
of  supervisors  a  certificate  showing  the  amount  of  such  increase. 
The  board  of  supervisors  of  each  county  shall  levy  such  amount 
annually  by  tax  on  the  towns  composing  such  supervisory  district 
within  the  county.  [Amended  by  L.  1910,  ch.  607 ;  subdivision  1 
amended  by  L.  1917,  ch.  794  and  by  L.  1919,  ch.  559,  in  effect 
May  12,  1919.] 


120  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

§  390  Expense  of  district  superintendents.  The  Commis- 
sioner of  Education  shall  quarterly  audit  and  allow  the  actual  sworn 
expense  incurred  by  each  district  superintendent  of  schools  in  the 
performance  of  his  official  duties,  but  the  amount  of  such  expense 
allowed  shall  not  exceed  in  any  year  six  hundred  dollars.  Such 
expenses  shall  be  paid  by  the  Commissioner  of  Education  from 
moneys  appropriated  therefor.  [Amended  by  L.  1910,  ch.  607 ,  and 
L.  1920,  ch.  421,  in  effect  May  3,  1920.] 

§  391  Salary  of  district  superintendent  may  be  withheld. 
The  Commissioner  of  Education  may,  whenever  he  is  satisfied  that 
a  district  superintendent  of  schools  has  persistently  neglected  to 
perform  an  official  duty,  withhold  payment  of  the  whole  or  any 
part  of  such  superintendent's  salary  as  it  shall  become  due  and 
he  may  also  withhold  any  sum  to  which  such  superintendent  shall 
be  entitled  for  expenses  and  the  amount  thus  withheld  shall  be 
forfeited;  but  said  Commissioner  may  in  his  discretion  remit  such 
forfeiture  in  whole  or  in  part.      [Amended  by  L.  1910,  ch.  607.] 

§  392  Removal  of  district  superintendent  from  office.      The 

Commissioner  of  Education  may,  by  an  order  under  the  seal  of 
the  Education  Department,  remove  a  district  superintendent  of 
schools  from  office  whenever  he  is  satisfied  that  such  superintendent : 

1  Has  been  guilty  of  immoral  conduct; 

2  Is  incompetent  to  perform  any  official  duty;  or 

3  Has  persistently  neglected  or  wilfully  refused  to  perform  any 
lawful  duty  imposed  upon  him.     [Amended  by  L.  1910,  ch.  607.] 

§  393  District  superintendent  not  to  be  interested  in  certain 
business  or  to  accept  rewards,  et  cetera.  A  district  superin- 
tendent of  schools  shall  not: 

1  Be  directly  or  indirectly  interested  otherwise  than  as  author 
in  the  sale,  publication,  or  manufacture  of  school  books,  maps, 
charts,  or  school  apparatus  or  in  the  sale  or  manufacture  of  school 
furniture  or  any  other  school  or  library  supplies. 

2  Be  directly  or  indirectly  interested  in  any  contract  made  by 
the  trustees  of  a  school  district. 

3  Be  directly  or  indirectly  interested  in  any  agency  or  bureau 
maintained  to  obtain  or  aid  in  obtaining  positions  for  teachers  or 
superintendents. 

4  Directly  or  indirectly  receive  any  emolument,  gift,  pay,  reward 
or  promise  of  pay  or  reward  for  recommending  or  procuring  the 
sale,  use  or  adoption  or  aiding  in  procuring  the  sale,  use  or  adoption 
of  any  book,  map,  chart,  school  apparatus  or  furniture  or  other 
supplies  for  any  school  or  library  or  for  recommending  a  teacher 


EDUCATION    LAW  121 

or  aiding  a  teacher  in  obtaining  an  appointment  to  teach.  [Amended 
by  L.  1910,  ch.  607.] 

§  394  District  superintendents  not  to  engage  in  other  business. 

A  district  superintendent  of  schools  shall  devote  his  whole  time  to 
the  performance  of  the  duties  of  his  office  and  shall  not  engage 
in  any  other  occupation  or  profession.  Such  time  as  shall  not  neces- 
sarily be  devoted  by  a  district  superintendent  of  schools  to  the  per- 
formance of  the  clerical  and  administrative  work  of  his  office  shall 
be  devoted  to  the  visitation  and  inspection  of  the  schools  maintained 
in  his  supervisory  district.      [Amended  by  L.  1910,  ch.  607.] 

§  395  General  powers  and  duties  of  district  superintendent. 

A  district  superintendent  of  schools  shall  have  power  and  it  shall 
be  his  duty: 

1  To  inquire  from  time  to  time  into  and  ascertain  whether  the 
boundaries  of  the  school  districts  within  his  supervisory  district 
are  definitely  and  plainly  described  in  the  records  of  the  office  of 
the  proper  town  clerk;  and  in  case  the  record  of  the  boundaries 
of  any  school  district  shall  be  found  indefinite  or  defective,  or  if 
the  same  shall  be  in  dispute,  then  to  cause  the  same  to  be  amended 
or  an  amended  record  of  the  boundaries  to  be  made.  All  necessary 
expenses  incurred  in  establishing  such  amended  records  shall  be  a 
charge  on  the  district  or  districts  affected,  to  be  audited  and  allowed 
by  the  trustees  thereof,  on  the  certificate  of  the  district 
superintendent. 

2  To  assemble  all  the  teachers  of  his  district  by  towns  or  other- 
wise, for  the  purpose  of  conference  on  the  course  of  study,  for 
reports  of  and  advice  and  counsel  in  relation  to  discipline,  school 
management  and  other  school  work,  and  for  promoting  the  general 
good  of  all  the  schools  of  the  district.  Teachers  shall  be  entitled 
to  compensation  for  days  actually  in  attendance  upon  such  con- 
ference.     [Subdivision  2  amended  by  L.  1913,  ch.  511.] 

3  To  frequently  and  thoroughly  inspect  the  work  done  in  the 
training  classes  maintained  in  his  district  and  to  report  to  the  Com- 
missioner of  Education  on  the  efficiency  of  the  instruction  given 
and  the  observation  and  practice  work  done  by  the  members  thereof. 

4  To  hold  meetings  of  trustees  and  other  school  officers  and  to 
advise  with  and  counsel  them  in  relation  to  their  powers  and  duties 
and  particularly  in  relation  to  the  repair,  construction,  heating,  ven- 
tilating and  lighting  of  schoolhouses  and  improving  and  adorning 
the  school  grounds.  To  especially  advise  trustees  relative  to  the 
employment  of  teachers,  the  adoption  of  textbooks  and  the  purchase 
of  library  books,  school  apparatus,  furniture  and  supplies. 


122  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

5  To  direct  the  trustees  of  any  district  to  make  any  alterations 
or  repairs  to  the  schoolhouses  or  outbuildings  which  shall,  in  his 
opinion,  be  necessary  for  the  health  or  comfort  of  the  pupils,  but 
the  amount  which  trustees  shall  be  directed  to  expend  in  such  altera- 
tions or  repairs  shall  not  exceed  two  hundred  dollars  in  any  one 
year. 

6  To  direct  the  trustees  of  any  district  to  make  any  repairs  or 
alterations  to  school  furniture,  or  where  in  his  opinion  any  furni- 
ture is  unfit  for  use  and  not  worth  repairing,  or  when  sufficient 
furniture  is  not  provided,  to  direct  that  such  new  furniture  shall 
be  provided  as  he  deems  necessary,  but  the  amount  thus  directed 
to  be  expended  shall  not  exceed  in  any  one  year  one  hundred 
dollars. 

7  To  direct  the  trustees  of  any  district  to  abate  any  nuisance  in 
or  on  the  school  grounds. 

8  To  condemn  a  schoolhouse  as  provided  elsewhere  in  this 
chapter. 

9  To  examine  and  license  teachers  pursuant  to  the  provisions  of 
this  chapter.  He  shall  also  conduct  such  other  examinations  as  the 
Commissioner  of  Education  shall  direct. 

10  To  examine  any  charge  affecting  the  moral  character  of  any 
teacher  residing  or  employed  within  his  district,  and  to  revoke  such 
teacher's  certificate  as  elsewhere  provided  by  this  chapter. 

11  To  take  affidavits  and  administer  oaths  in  all  matters  per- 
taining to  the  public  school  system,  but  without  charge  or  fee. 

12  To  take  and  report  to  the  Commissioner  of  Education  under 
the  direction  of  such  Commissioner  testimony  in  a  case  on  appeal. 
In  such  a  case  or  in  any  matter  or  proceeding  to  be  heard  or  deter- 
mmed  by  the  district  superintendent,  he  may  issue  a  subpoena  to 
compel  the  attendance  of  a  witness.  Service  of  such  subpoena  shall 
be  made  a  reasonable  time  before  the  date  named  therein  for  the 
hearing,  by  exhibiting  the  same  to  the  person  so  served,  with  the 
signature  of  the  district  superintendent  of  schools  attached,  and 
by  leaving  a  copy  thereof  with  such  person.  The  witness  shall  be 
entitled  to  receive  at  the  time  of  service,  the  same  fees  as  provided 
by  law  for  witnesses  in  a  court  of  record.  Disobedience  to  such 
subpoena  shall  subject  the  delinquent  to  a  penalty  of  twenty-five 
dollars,  which  shall  be  recovered  by  the  county  treasurer  in  his 
name  of  office  for  the  benefit  of  the  county. 

13  To  exercise  in  his  discretion  any  of  the  powers  and  perform 
any  of  the  duties  of  another  district  superintendent  on  the  written 
request  of   such  other  superintendent,  and  he  must  exercise  such 

/ 


EDUCATION    LAW  123 

powers  and  perform  such  duties  when  directed  to  do  so  by  the 
Commissioner  of  Education. 

14  To  make  such  investigations  and  to  make  such  reports  to 
the  Commissioner  of  Education  upon  any  matter  or  act  as  said 
Commissioner  shall  from  time  to  time  request.  He  shall  make  an 
annual  report  on  the  first  day  of  September  in  such  form  and  giving 
such  information  as  the  Commissioner  of  Education  shall  require. 
For  this  purpose  he  shall  procure  the  reports  of  trustees  of  school 
districts  from  the  town  clerk's  office  and  after  abstracting  the  neces- 
sary contents  thereof  shall  indorse  and  deposit  them  with  a  copy 
of  his  abstract  in  the  office  of  the  county  clerk.  [Section  amended 
by  L.  1910,  ch.  607.] 

§  396  District  superintendent  subject  to  the  rules  of  Com- 
missioner of  Education.  A  district  superintendent  shall  be  sub- 
ject to  such  rules  and  directions  as  the  Commissioner  of  Education 
shall  from  time  to  time  prescribe.     [Amended  by  L.  1910,  ch.  607. \ 

§  397  Other  duties  of  a  district  superintendent.  A  district 
superintendent  of  schools  shall,  in  addition  to  the  duties  especially 
conferred  upon  him  by  this  title,  possess  and  be  subject  to  all  the 
powers,  duties  and  responsibilities  with  which  a  school  commissioner 
is  charged  by  law.     [Amended  by  L.  1910,  ch.  607.] 

§  398  Appeals  from  acts  of  district  superintendent,  et  cetera. 
Appeals  from  the  official  acts  of  a  district  superintendent  of  schools 
or  from  his  refusal  or  failure  to  act  in  any  matter  in  which  he  may 
legally  act,  may  be  taken  to  the  Commissioner  of  Education.  All 
questions  in  controversy  relating  to  the  election  of  such  district 
superintendent  or  to  the  formation  of  supervisory  district  shall  be 
determined  by  the  Commissioner  of  Education  on  proper  appeal. 
The  provisions  of  article  14  of  this  chapter  shall  apply  to  and 
govern  such  appeals  and  decisions  therein.  [Amended  by  L.  1910, 
ch.  607.] 

Payment  of  Certain  Expenses  of  District  Superintendents 

[County  Law,  §  12] 

36  The  board  of  supervisors  is  authorized  to  provide  for  the  payment  of 
properly  itemized  and  verified  bills  of  district  superintendents  of  schools  of 
the  supervisory  districts  in  the  county  rendered  by  them  for  expenses  incurred 
for  necessary  printing,  office  supplies  and  clerical  assistance  subject  to  such 
conditions  as  the  board  may  prescribe.  The  board  may,  by  resolution,  author- 
ize the  incurring  of  indebtedness  for  such  purposes  and  when  so  authorized 
the  bills  therefor  shall  be  audited  and  paid  in  the  same  manner  as  other 
charges  against  the  county.  [As  added  by  L.  1914,  ch.  389;  renumbered  by 
L.  1917,  ch.  106;  and  amended  by  L.  1922,  ch.  494,  in  effect  April  6,  1922.] 


124  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

ARTICLE  15 

Assessment  and  Collection  of  Taxes 

Section  410    Assessment  of  taxes 

410-aLevy  of  taxes  in  Sufifolk  county 

410-Z?  Temporary  loans  in  Suffolk  county  in  anticipation  of  taxes 

411  Property  to  be  assessed 

412  Ascertainment  of  valuations 

413  Power  of  trustees  to  determine  values 

414  Equalization  within  joint  districts 

415  Assessment  of  vacant  land 

416  Persons  working  land  on  shares  and  vendees  in  possession  liable 

to  taxation 

417  Liability  of  property  of  certain  absentee  owners 

418  Certain  exemptions   from  tax  for  building  schoolhouse 

419  Right  of  certain  tenants  to  charge  tax  to  landlord 

420  Requisites  and  authority  of  collector's  warrant 

421  Time  for  delivery  of  warrant  to  collector 

422  Jurisdiction   of   collector 

423  Renewals   of   warrants 

424  Amendment  of  tax-lists 

425  Collector's  notice 

426  Collector's   fees 

427  Notice  to  railroad  companies  and  certain  other  corporations  of 

assessment  and  tax 

428  Payment  of  tax  by  railroad  and  certain  other  corporations  to 

county  treasurer 

429  Duty   of   collector   after    failure   of    railroad   and   certain   other 

corporations  to  pay  within  thirty  days 

430  Payment  of  tax  by  county  treasurer  to  collector 

431  Such  companies  may  pay  collector 

432  Trustee's  right  of  action  to  recover  tax 

433  Collector's  return  of  unpaid  taxes 

434  Certification  by  trustees  of  collector's  return 

435  Payment  of  unpaid  taxes   from  county  treasury 

436  Levy  by  supervisors  of  unpaid  taxes 

437  Payment  before  levy 

438  Proceedings  for  collection  same  as  of  county  taxes 

439  Filing  tax-list  and  warrant  with  town  clerk 

440  Assessment  for  school  purposes  of  certain  state  lands 

§  410  Assessment  of  taxes.  Immediately  after  a  tax  shall 
have  been  voted  by  a  district  meeting,  for  a  purpose  arising  during 
the  current  school  year  the  trustees  shall  assess  it,  and  make  out 
the  tax-list  therefor,  and  annex  thereto  their  warrant  for  its  collec- 
tion. Where  a  tax  is  voted  at  an  annual  school  meeting  for  school 
purposes  during  the  following  school  year  the  said  trustees  shall 
prepare  their  tax-list  therefor  and  annex  thereto  their  warrant  for 


EDUCATION    LAW  125 

its  collection  within  thirty  days  after  August  first.  But  they  may 
at  the  same  time  assess  two  or  more  taxes  so  voted,  and  any  taxes 
they  are  authorized  to  raise  without  such  vote,  and  make  out  one 
tax-list  and  one  warrant  for  the  collection  of  the  whole.  They 
shall  prefix  to  their  tax-list  a  heading  showing  for  what  purpose  the 
different  items  of  the  tax  are  levied.  [Amended  by  L.  1911, 
ch.  830.] 

§  410-a  Levy  of  taxes  in  Suffolk  county.  In  the  school  dis- 
tricts of  Suffolk  county,  in  the  year  nineteen  hundred  and  eighteen, 
the  several  district  trustees  and  boards  of  education  shall  levy  the 
taxes  which  were  required  for  their  respective  districts  in  1917 
and  which  shall  have  been  approved  by  the  electors  for  the  year 
1918.  When  any  such  tax  shall  have  been  extended  against  the 
assessable  property  in  the  district,  as  provided  in  the  next  section, 
each  parcel  of  property  or  taxpayer  shall  be  credited  for  the  amount 
of  such  tax  as  has  been  paid  thereon  for  the  year  1917  by  virtue 
of  other  provisions  of  this  chapter.       [Added  by  L.  1918,  ch.  518.] 

§  410-b  Temporary  loans  in  Suffolk  county  in  anticipation  of 
taxes.  The  trustees  or  board  of  education  of  a  school  district 
in  such  county  may  borrow  money  on  temporary  loans  in  anticipa- 
tion of  taxes  levied  in  such  district,  for  the  purposes  for  which 
such  taxes  are  levied,  but  shall  not  borrow  in  excess  of  the  amount 
of  such  taxes.  Such  loans  shall  be  payable  out  of  the  taxes  on 
account  of  which  they  are  made,  and  in  no  case  shall  interest  run 
on  any  such  loans  after  such  taxes  are  collected.  [Amended  by 
L.  1919,  ch.  302,  and  L.  1920,  ch.  293,  in  effect  April  21,  1920.] 

§  411  Property  to  be  assessed.  1  School  district  taxes  shall 
be  apportioned  by  the  trustees  upon  all  real  estate  within  the 
boundaries  of  the  district  which  shall  not  be  by  law  exempt  from 
taxation,  except  as  hereinafter  provided,  and  such  property  shall 
be  assessed  to  the  person  or  corporation  owning  or  possessing  the 
same  at  the  time  such  tax-list  shall  be  made  out. 

2  The  trustees  shall  also  apportion  the  district  taxes  upon  all 
persons  residing  in  the  district,  and  upon  all  corporations  liable  to 
taxation  therein,  for  the  personal  estate  owned  by  them  and  liable 
to  taxation. 

3  Land  lying  in  one  body  and  occupied  by  the  same  person, 
either  as  owner  or  agent  for  the  same  principal,  or  as  tenant  under 
the  same  landlord,  if  assessed  as  one  lot  on  the  last  assessment-roll 
of  the  town  after  revision  by  the  assessors,  shall,  though  situated 
partly  in  tow  or  more  school  districts,  be  taxable  in  that  one  of 
them  in  which  such  occupant  resides.      This  rule  shall  not  apply  to 


126  THE   UNIVERSITY   OF   THE   STATE   OF    NEW    YORK 

land  owned  by  nonresidents  of  the  district,  and  which  shall  not  be 
occupied  by  an  agent,  servant  or  tenant  residing  in  the  district. 
Such  unoccupied  real  estate  shall  be  assessed  as  nonresident,  and 
a  description  thereof  shall  be  entered  in  the  tax-list. 

§  412  Ascertainment  of  valuations.  The  valuations  of  taxa- 
able  property  shall  be  ascertained,  so  far  as  possible,  from  the  last 
assessment-roll  of  the  town,  after  revision  by  the  assessors ;  and  no 
person  shall  be  entitled  to  any  reduction  in  the  valuation  of  such 
property,  as  so  ascertained,  unless  he  shall  give  notice  of  his  claim 
to  such  reduction  in  writing  to  the  trustees  of  the  district  before 
the  tax-list  shall  be  made  out. 

§  413  Power  of  trustees  to  determine  values.  The  trustees 
of  a  district  shall  ascertain  the  true  value  of  the  property  to  be 
taxed  from  the  best  evidence  in  their  power,  giving  notice  to  the 
persons  interested,  and  proceeding  in  the  same  manner  as  the  town 
assessors  are  required  by  law  to  proceed  in  the  valuation  of  taxable 
property,  the  hearing  of  grievances,  and  the  revision  of  the  town 
assessment-roll  in  the  following  cases : 

1  When  a  reduction  shall  be  duly  claimed  and  where  the  valu- 
ation of  taxable  property  cannot  be  ascertained  from  the  last  com- 
pleted assessment-roll  of  the  town; 

2  When  the  valuation  of  such  property  shall  have  increased  or 
diminished  since  the  last  assessment-roll  of  the  town  was  completed ; 

3  When  an  error,  mistake,  or  omission  on  the  part  of  the  town 
assessors  shall  have  been  made  in  the  description  or  valuation  of 
taxable  property. 

§  414  Equalization  within  joint  districts.  When  a  district 
embraces  parts  of  two  or  more  towns,  the  trustee,  trustees,  or 
board  of  education  of  such  district  may  upon  their  own  motion 
and  shall  upon  the  written  request  of  three  or  more  persons  liable 
to  pay  taxes  upon  real  property  in  such  district  secure  from  the 
last  completed  town  assessment-rolls  a  statement  of  the  assessed 
valuation  of  each  parcel  of  real  property  and  of  all  personal  prop- 
erty subject  to  taxation  for  school  purposes  in  such  district  and 
shall  deliver  such  statement  to  the  district  superintendent  of  the 
supervisory  district  in  which  the  schoolhouse  of  such  district  is 
located.  Such  district  superintendent  shall  immediately  secure  from 
the  State  Tax  Commission  a  statement  of  the  rates  of  equaliza- 
tion fixed  by  the  commission  for  the  towns  in  which  such  district 
is  situated  and  shall  determine  the  full  valuation  of  the  real  prop- 
erty of  each  part  of  a  town  included  in  such  district  by  dividing 
the  total  assessed  valuation  of  such  real  property  in  such  part  of  a 


EDUCATION    LAW  127 

town  by  the  rate  of  equalization  fixed  by  the  commission  for  such 
town  and  shall  add  to  such  full  valuation  the  amount  of  all  assess- 
ments of  personal  property  liable  to  taxation  for  school  purposes 
in  such  part  of  a  town.  Such  district  superintendent  shall  also 
determine  what  proportion  of  any  tax  thereafter  to  be  levied  in 
such  district  for  school  purposes  shall  be  levied  upon  each  part  of 
a  town  included  in  such  district  by  dividing  the  sum  of  the  full 
valuation  of  real  property  and  the  assessed  valuation  of  personal 
property  in  such  part  of  a  town  by  the  total  of  all  such  full  valu- 
ations of  real  property  and  assessed  valuations  of  personal  property 
in  such  school  district.  Such  proportions  should  be  expressed  in 
the  nearest  exact  hundredths  and  the  trustee  or  trustees  of  such 
school  district  shall  thereafter  levy  such  a  proportion  of  any  tax 
to  be  raised  in  the  district  upon  each  part  of  a  town  included  in 
such  district  as  shall  have  been  determined  by  the  district  superin- 
tendent, until  a  new  determination  shall  have  been  made  in  accord- 
ance with  the  provisions  of  this  section.  [Amended  by  L.  1921, 
en.  585,  in  effect  May  5,  1921.] 

§  415  Assessment  of  vacant  land.  When  any  real  estate 
within  a  district  so  liable  to  taxation  shall  not  be  occupied  and 
improved  by  the  owner,  his  servant  or  agent,  and  shall  not  be  pos- 
sessed by  any  tenant,  the  trustees  of  any  district,  at  the  time  of 
making  out  any  tax-list  by  which  any  tax  shall  be  imposed  thereon, 
shall  make  and  insert  in  such  tax-list  a  statement  and  description 
of  every  such  lot,  piece  or  parcel  of  land  so  owned  by  nonresidents 
therein,  in  the  same  manner  as  required  by  law  from  town  assessors 
in  making  out  the  assessment-roll  of  their  towns;  and  if  any  such 
lot  is  known  to  belong  to  an  incorporated  company  liable  to  taxa- 
tion in  such  district,  the  name  of  such  company  shall  be  specified, 
and  the  value  of  such  lot  or  piece  of  land  shall  be  set  down  opposite 
to  such  description,  which  value  shall  be  the  same  that  was  affixed 
to  such  lot  or  piece  of  land  in  the  last  assessment-roll  of  the  town ; 
and  if  the  same  was  not  separately  valued  in  such  roll,  then  it  shall 
be  valued  in  proportion  to  the  valuation  which  was  affixed  in  the 
said  assessment-roll  to  the  whole  tract  of  which  such  lot  or  piece 
shall  be  part. 

§  416  Persons  working  land  on  shares  and  vendees  in  posses- 
sion liable  to  taxation.  Any  person  working  land  under  a  con- 
tract for  a  share  of  the  produce  of  such  land,  shall  be  deemed  the 
possessor,  so  far  as  to  render  him  liable  to  taxation  therefor,  in  the 
district  where  such  land  is  situate,  and  any  person  in  possession 
of   real  property  under  a  contract  for  the  purchase  thereof   shall 


128  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

be  liable  to  taxation  therefor  in  the  district  where  such  real  property 
is  situated. 

§  417  Liability  of  property  of  certain  absentee  owners.  Every 
person  owning  or  holding  any  real  property  within  any  school  dis- 
trict, who  shall  improve  and  occupy  the  same  by  his  agent  or  ser- 
vant, shall,  in  respect  to  the  liability  of  such  property  to  taxation, 
be  considered  a  taxable  inhabitant  of  such  district,  in  the  same 
mariner  as  if  he  actually  resided  therein. 

§  418  Certain  exemptions  from  tax  for  building  schoolhouse. 
Every  taxable  inhabitant  of  a  district  who  shall  have  been,  within 
four  years,  set  off  from  any  other  district,  without  his  consent, 
and  shall  within  that  period,  have  actually  paid  in  such  other  dis- 
trict, under  a  lawful  assessment  therein,  a  district  tax  for  building 
a  schoolhouse,  shall  be  exempted  by  the  trustees  of  the  district  where 
he  shall  reside,  from  the  payment  of  any  tax  for  building  a  school - 
house  therein. 

§  419  Right  of  certain  tenants  to  charge  tax  to  landlord. 
Where  any  district  tax,  for  the  purpose  of  purchasing  a  site  for  a 
schoolhouse,  or  for  purchasing  or  building,  keeping  in  repair,  or 
furnishing  such  schoolhouse  with  necessary  fuel  and  appurtenances, 
shall  be  lawfully  assessed,  and  paid  by  any  person  on  account  of 
any  real  property  whereof  he  is  only  a  tenant  at  will,  or  for  three 
years,  or  for  a  less  period  of  time,  such  tenant  may  charge  the 
owner  of  such  real  estate  with  the  amount  of  the  tax  so  paid  by 
him,  unless  some  agreement  to  the  contrary  shall  have  been  made  by 
such  tenant. 

§  420  Requisites  and  authority  of  collector's  w^arrant.  The 
warant^  for  the  collection  of  a  district  tax  shall  be  under  the  hands 
of  the  trustees,  or  a  majority  of  them,  with  or  without  their  seals; 
and  it  shall  have  the  like  force  and  effect  as  a  warrant  issued  by  a 
board  of  supervisors  to  a  collector  of  taxes  in  the  town;  and  the 
collector  to  whom  it  may  be  delivered  for  collection  shall  be  thereby 
authorized  and  required  to  collect  from  every  person  in  such  tax- 
list  named  the  sum  set  opposite  to  his  name,  or  the  amount  due 
from  any  person  specified  therein,  in  the  same  manner  that  collectors 
are  authorized  to  collect  town  and  county  taxes. 

§  421  Time  for  delivery  of  warrant  to  collector.  1  A  warrant 
for  the  collection  of  a  tax  voted  by  the  district  shall  not  be  delivered 
to  the  collector  until  the  thirty-first  day  after  the  tax  was  voted. 

2  A  warrant  for  the  collection  of  a  tax  authorized  by  law  without 


1  So  in  original. 


EDUCATION    LAW  129 

a  vote  of  the  district  may  be  delivered  to  the  collector  whenever 
the  same  is  completed. 

§  422  Jurisdiction  of  collector.  Any  collector  to  whom  any 
tax-list  and  warrant  may  be  delivered  for  collection  may  execute 
the  same  in  any  other  district  or  town  in  the  same  county,  or  in 
any  other  county  where  the  district  is  a  joint  district  and  composed 
of  territory  from  adjoining  counties,  in  the  same  manner  and  with 
the  like  authority  as  in  the  district  in  which  the  trustees  issuing 
the  said  warrant  may  reside,  and  for  the  benefit  of  which  said  tax 
is  intended  to  be  collected ;  and  the  bond  or  sureties  of  any  collector, 
given  for  the  faithful  performance  of  his  official  duties,  are  hereby 
declared  and  made  liable  for  any  moneys  received  or  collected  on 
any  such  tax-list  and  warrant. 

§  423  Renewals  of  warrants.  If  the  sum  of  money,  payable 
by  any  person  named  in  such  tax-lists,  shall  not  be  paid  by  him  or 
collected  by  such  warrant  within  the  time  therein  limited,  it'  shall 
btf  lawful  for  the  trustees  to  renew  such  warrant  in  respect  to  such 
delinquent  person;  and  whenever  more  than  one  renewal  of  a  war- 
rant for  the  collection  of  any  tax-list  may  become  necessary  in  any 
district,  the  trustees  may  make  such  further  renewal,  with  the 
written  approval  of  the  supervisor  of  any  town  in  which  a  school- 
house  of  said  district  may  be  located,  to  be  indorsed  upon  such 
warrant. 

§  424  Amendment  of  tax-lists.  Whenever  the  trustees  of  any 
school  district  shall  discover  any  error  in  a  tax-list  made  out  by 
them,  they  may,  with  the  approval  and  consent  of  the  Commissioner 
of  Education,  after  refunding  any  amount  that  may  have  been 
improperly  collected  on  such  tax-list,  if  the  same  shall  be  required 
bv  him,  amend  and  correct  such  tax-list,  as  directed  by  the  Com- 
missioner, in  conformity  to  law. 

§  425  Collector's  notice.  1  The  collector,  on  the  receipt  of  a 
warrant  for  the  collection  of  taxes,  shall  give  notice  to  the  tax- 
payers of  the  district  by  publicly  posting  written  or  printed,  or 
partly  written  and  partly  printed,  notices  in  at  least  three  public 
places  in  such  district,  one  of  which  shall  be  on  the  outside  of  the 
front  door  of  the  schoolhouse,  stating  that  he  has  received  such 
j  warrant  and  will  receive  all  such  taxes  as  may  be  voluntarily  paid 
I  to  him  within  thirty  days  from  the  time  of  posting  said  notice. 

2  Such  collector  shall  also  give  a  like  notice,  either  personally 
or  by  mail,  at  least  twenty  days  previous  to  the  expiration  of  the 
thirty  days  aforesaid,  to  the  president,  secretary,  general  or  division 
superintendent,  or  manager  of  any  canal  or  pipe  line,  assessed  for 


130  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

taxes  upon  the  tax-list  delivered  to  him  with  the  aforesaid  warrant. 

3  Such  collector  shall  also  give  a  like  notice  to  all  nonresident 
taxpayers  on  said  list  whose  tax  amounts  to  one  dollar  or  more  and 
whose  residence  or  post-office  address  may  be  known  to  such  col- 
lector, or  may  be  ascertained  by  him  upon  inquiry  of  the  trustees 
and  clerk  of  his  district. 

4  No  school  collector  shall  be  entitled  to  recover  from  any  rail- 
road corporation,  canal  company  or  pipe  line,  or  nonresident  tax- 
payer more  than  one  per  centum  fees  on  the  taxes  assessed  against 
such  corporation  or  nonresident,  unless  such  notice  shall  have  been 
given  as  aforesaid;  and  in  case  the  whole  amount  of  taxes  shall  not 
be  so  paid  in,  the  collector  shall  forthwith  proceed  to  collect  the 
same. 

§  426  Collector's  fees.  The  collector  shall  receive  for  his 
services  on  all  sums  paid  in  as  aforesaid,  one  per  centum,  and  upon 
all  sums  collected  by  him,  after  the  expiration  of  the  time  men- 
tioned, five  per  centum,  except  as  hereinbefore  provided;  and  in 
case  a  levy  and  sale  shall  be  necessarily  made  by  such  collector, 
he  shall  be  entitled  to  traveling  fees,  at  the  rate  of  ten  cents  per 
mile,  to  be  computed  from  the  schoolhouse  in  such  district. 

§  427  Notice  to  railroad  companies  and  certain  other  cor- 
porations of  assessment  and  tax.  1  It  shall  be  the  duty  of  the 
school  collector  in  each  school  district  in  this  State,  within  five  days 
after  the  receipt  by  such  collector  of  any  and  every  tax  or  assess- 
ment roll  of  his  district,  to  prepare  and  deliver  to  the  county  treas- 
urer of  the  county  in  which  such  district,  or  the  greater  part  thereof, 
is  situated,  a  statement  showing  the  name  of  each  railroad,  tele- 
graph, telephone,  electric  light  or  gas  company,  including  a  company 
engaged  in  the  business  of  supplying  natural  gas,  appearing  in  said 
roll,  the  assessment  against  each  of  said  companies  for  real  and 
personal  property  respectively,  and  the  tax  against  each  of  said 
companies. 

2  It  shall  thereupon  be  the  duty  of  such  county  treasurer,  immedi- 
ately after  the  receipt  by  him  of  such  statement  from  such  school 
collector,  to  notify  the  ticket  agent  or  manager  of  any  such  rail- 
road, telegraph,  telepho^ie,  electric  light  or  gas  company,  including 
a  company  engaged  in  the  business  of  supplying  natural  gas  assessed 
for  taxes  at  the  station  or  office  nearest  to  the  office  of  such  county 
treasurer  or  to  notify  the  company  at  its  principal  office  within  this 
State  personally  or  by  mail,  of  the  fact  that  such  statement  has 
been  filed  with  him  by  such  collector,  at  the  same  time  specif3dng 


EDUCATION    LAW  131 

the  amount  of  tax  to  be  paid  by  such  company.  [Amended  '  by 
L.  1913,  ch.  216.] 

§  428  Payment  of  tax  by  railroad  and  certain  other  corpora- 
tions to  county  treasurer.  Any  railroad  company  heretofore 
organized,  or  which  may  hereafter  be  organized,  under  the  laws 
of  this  State  and  any  telegraph,  telephone,  electric  light  or  gas 
company  including  a  company  engaged  in  the  business  of  supplying 
natural  gas  may  within  thirty  days  after  the  receipt  of  such  state- 
ment by  such  county  treasurer,  pay  the  amount  of  tax  so  levied 
or  assessed  against  it  in  such  a  district  and  in  such  statement  men- 
tioned and  contained  with  one  per  centum  fee  thereon,  to  such 
county  treasurer,  who  is  hereby  authorized  and  directed  to  receive 
such  amount  and  to  give  proper  receipt  therefor.  [Amended  by 
L.  1913,  ch.  216.] 

§  429  Duty  of  collector  after  failure  of  railroad  and  certain 
other  corporations  to  pay  within  thirty  days.  In  case  any  rail- 
road company  and  any  telegraph,  telephone,  electric  light  or  gas 
company  including  a  company  engaged  in  the  business  of  supplying 
natural  gas  shall  fail  to  pay  such  tax  within  said  thirty  days,  it 
shall  be  the  duty  of  such  county  treasurer  to  notify  the  collector  of 
the  school  district  in  which  such  delinquent  railroad  company  i*s 
assessed,  of  its  failure  to  pay  said  tax,  and  upon  receipt  of  such 
notice  it  shall  be  the  duty  of  such  collector  to  collect  such  unpaid 
tax  in  the  manner  now  provided  by  law  together  with  five  per 
centum  fees  thereon;  but  no  school  collector  shall  collect  by  distress 
and  sale  any  tax  levied  or  assessed  in  his  district  upon  the  propert}' 
of  any  such  company  until  the  receipt  by  him  of  such  notice  from 
the  county  treasurer.      [Amended  by  L.  1913,  ch.  216.] 

§  430  Payment  of  tax  by  county  treasurer  to  collector.  The 
several  amounts  of  tax  received  by  any  county  treasurer  in  this 
slate,  under  the  provisions  of  the  last  three  sections,  of  and  from 
such  companies,  shall  be  by  such  county  treasurer  placed  to"  the 
credit  of  the  school  district  for  or  on  account  of  which  the  same 
was  levied  or  assessed,  and  on  demand  paid  over  to  the  school 
collector  thereof,  and  the  one  per  centum  fees  received  therewith 
shall  be  placed  to  the  credit  of,  and  on  demand  paid  to,  the  school 
collector  of  such  school  district.     [Amended  by  L.  1913,  ch.  216.] 

§  431  Such  companies  may  pay  collector.  Nothing  in  the 
last  four  sections  contained  shall  be  construed  to  hinder,  prevent 
or  prohibit  any  railroad  company  or  telegraph,  telephone,  electric 
light  or  gas  company  including  a  company  engaged  in  the  business 
of  supplying  natural  gas  from  paying  its  school  tax  to  the  school 
collector  direct,  as  provided  by  law.      [Amended  by  L.  1913,  ch.  216.] 


132  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 


§  432  Trustees'  right  of  action  to  recover  tax.  Whenever  an] 
sum  of  money  payable  by  any  person  named  in  such  tax-Hst,  si 
not  be  paid  by  such  person,  or  collected  by  such  warrant  within" 
the  time  therein  limited,  or  the  time  limited  by  any  renewal  of  such 
warrant;  or  in  case  the  property  assessed  be  real  estate  belonging 
to  an  incorporated  company,  and  no  goods  or  chattels  can  be  found 
whereon  to  levy  the  tax,  the  trustees  may  sue  for  and  recover  the 
same  in  their  name  of  office. 

§  433  Collector's  return  of  unpaid  taxes.  If  any  tax  on  real 
estate  placed  upon  the  tax-list  and  duly  delivered  to  the  collector, 
or  the  taxes  upon  nonresident  stockholders  in  banking  associations 
organized  under  the  laws  of  Congress,  shall  be  unpaid  at  the  time 
the  collector  is  required  by  law  to  return  his  warrant,  he  shall  deliver 
to  the  trustees  of  the  district  an  account  of  the  taxes  remaining 
due,  containing  a  description  of  the  lands  upon  wjiich  such  taxes 
were  unpaid  as  the  same  were  placed  upon  the  tax-list,  together 
with  the  amount  of  the  tax  so  assessed,  and  upon  making  oath  before 
any  justice  of  the  peace  or  judge  of  a  court  of  record,  notary  public 
or  any  other  officer  authorized  to  administer  oaths,  that  the  taxes 
mentioned  in  any  such  account  remain  unpaid,  and  that,  after  dili- 
gent efforts,  he  has  been  unable  to  collect  the  same,  he  shall  be 
credited  by  said  trustees  with  the  amount  thereof. 

§  434  Certification  by  trustees  of  collector's  return.  Upon 
receiving  any  such  account  from  the  collector,  the  trustees  shall 
compare  it  with  the  original  tax-list,  and  if  they  find  it  to  be  a 
true  transcript  they  shall  add  to  such  account  their  certificate  to  the 
effect  that  they  have  compared  it  with  the  original  tax-list  and 
found  it  to  be  correct,  and  shall  immediately  transmit  the  account, 
affidavit  and  certificate  to  the  treasurer  of  the  county. 

§  435  Payment  of  unpaid  taxes  from  county  treasury.  Out 
of  any  moneys  in  the  county  treasury,  raised  for  contingent  expenses, 
or  for  the  purpose  of  paying  the  amount  of  the  taxes  so  returned 
unpaid,  the  treasurer  shall  pay  to  the  district  treasurer,  if  there  be 
such  an  officer,  otherwise  to  the  collector,  the  amount  of  the  taxes 
so  returned  as  unpaid,  and  if  there  are  no  moneys  in  the  treasury 
applicable  to  such  purpose,  the  board  of  supervisors,  at  the  time  of 
levying  said  unpaid  taxes,  as  provided  in  the  next  section,  shall  pay 
to  the  district  treasurer,  if  there  be  such  an  officer,  otherwise  to 
the  collector  of  the  school  district  the  amount  thereof  which  has 
been  relevied,  by  voucher  or  draft  on  the  county  treasurer,  in  the 
same  manner  as  other  county  charges  are  paid,  and  the  collector 

i 


EDUCATION    LAW  133 

shall    be    charged   by   the   trustees    with   the    amount    so    relevied. 
[Amended  by  L.  1910,  ch.  284,  and  L.  1915,  ch.  136.] 

§  436  Levy  by  supervisors  of  unpaid  taxes.  Such  account, 
affidavit  and  certificate  shall  be  laid  by  the  county  treasurer  before 
the  board  of  supervisors  of  the  county,  who  shall  cause  the  amount 
of  such  unpaid  taxes,  with  seven  per  centum  of  the  amount  in 
addition  thereto,  to  be  levied  upon  the  lands  upon  which  the  same 
were  imposed;  and  if  imposed  upon  the  lands  of  any  incorporated 
company,  then  upon  such  company;  and  when  collected  the  same 
shall  be  returned  to  the  county  treasurer  to  reimburse  the  amount 
so  advanced,  with  the  expenses  of  collection. 

§  437  Payment  before  levy.  Any  person  w^hose  lands  are 
included  in  any  such  account  may  pay  the  tax  assessed  thereon, 
with  five  per  centum  added  thereto,  to  the  county  treasurer,  at  any 
time  before  the  board  of  supervisors  shall  have  directed  the  same 
to  be  levied. 

§  438  Proceedings  for  collection  same  as  of  county  taxes. 
The  same  proceedings  in  all  respects  shall  be  had  for  the  collection 
of  the  amount  so  directed  to  be  raised  by  the  board  of  supervisors 
as  are  provided  by  law  in  relation  to  the  county  taxes;  and  upon 
a  similar  account,  as  in  the  case  of  county  taxes  of  the  arrears 
thereof  uncollected,  being  transmitted  by  the  county  treasurer  to 
the  Comptroller,  the  same  shall  be  paid  on  his  warrant  to  the  treas- 
urer of  the  county  advancing  the  same ;  and  the  amount  so  assumed 
by  the  State  shall  be  collected  for  its  benefit,  in  the  manner  pre- 
scribed by  law  in  respect  to  the  arrears  of  county  taxes  upon  land 
of  nonresidents;  or  if  any  part  of  the  amount  so  assumed  consisted 
of  a  tax  upon  any  incorporated  company,  the  same  proceedings 
may  also  be  had  for  the  collection  thereof  as  provided  by  law.  in 
respect  to  the  county  taxes  assessed  upon  such  company. 

§  439  Filing  tax-list  and  warrant  with  town  clerk.  Within 
fifteen  days  after  any  tax-list  and  warrant  shall  have  been  returned 
by  a  collector  to  the  trustees  of  any  school  district,  the  trustees  shall 
deliver  the  same  to  the  town  clerk  of  the  town  in  which  the  collector 
resides,  and  said  town  clerk  shall  file  the  same  in  his  office. 

§  440  Assessment  for  school  purposes  of  certain  state  lands. 
1  The  board  of  education  of  union  free  school  district  number 
one,  town  of  Dannemora,  in  the  county  of  Clinton,  shall  hereafter 
assess  the  property  owned  by  the  State  and  situate  within  the 
boundaries  of  said  district,  exclusive  of  the  improvements  erected 
thereon  by  the  State  at  the  same  valuation  as  other  lands  in  said 
district  are  assessed,  and  the  -Comptroller  shall  hereafter  pay  to  the 


134  THE   UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

school  authorities  of  such  district  the  amount  of  taxes  levied  upon 
the  land  of  the  State  for  school  purposes  in  such  district  by  virtue 
of  this  section,  out  of  any  moneys  hereafter  appropriated  by  the 
Legislature  for  the  payment  of  assessments  for  local  improvements 
on  property  owned  by  the  State. 

2  The  local  school  authorities  of  union  free  school  district  number 
two  of  the  town  of  Wawarsing,  Ulster  county,  districts  numbers^ 
six  and  eight  of  the  town  of  Dover  and  districts  number  one  and 
two  of  the  town  of  Beekman,  Dutchess  county,  all  the  school  dis- 
tricts in  the  towns  of  Hyde  Park  and  Poughkeepsie,  Dutchess 
county,  all  the  school  districts  in  the  towns  of  Highlands,  Wood- 
bury and  Tuxedo,  Orange  county,  union  free  school  district  number 
one  of  the  town  of  Ossining  in  the  county  of  Westchester,  all  the 
school  districts  in  the  towns  of  Marcy,  Trenton,  Western  and  Lee, 
Oneida  county,  districts  number  eleven,  twelve  and  thirteen  in  the 
town  of  Russia,  Herkimer  county,  school  district  number  one,  town 
of  Rush,  Monroe  county,  school  district  number  four  of  the  town 
of  Fort  Ann,  Washington  county,  school  district  number  fifteen 
of  the  towns  of  Babylon  and  Huntington,  Suffolk  county,  school 
district  number  three  of  the  town  of  Collins,  Erie  county,  and  of 
school  districts  in  the  county  of  Rockland  shall  hereafter  assess  the 
lands  owned  by  the  State  of  New  York  and  situate  within  the 
boundaries  of  said  districts,  exclusive  of  the  improvements,  if  any, 
erected  thereon  by  the  State,  at  the  same  valuation  as  similar  lands 
of  individuals  in  said  districts  are  assessed  and  the  Comptroller 
shall  hereafter  credit  to  the  treasurer  of  the  county  wherein  such 
lands  are  situated  the  amount  of  taxes  levied  upon  the  lands  of 
the  State  therein  for  school  purposes  from  taxes  payable  by  said 
county  treasurer  each  year  to  the  State  for  state  taxes  levied  and 
assessed  upon  the  taxable  property  of  the  towns  in  which  such 
districts  are  located  and  upon  the  adjustment  of  such  taxes  so 
made,  the  said  county  treasurer  shall  pay  to  the  collector  of  taxes 
of  the  school  districts  in  which  such  lands  are  situated  the  amount 
of  such  taxes  as  allowed  and  so  paid  by  the  State.  [Subdivision  2 
amended  by  L.  1911,  ch.  593;  L.  1915,  ch.  125;  L.  1916,  ch.  407; 
L.  1917,  ch.  46;  L.  1918,  ch.  254;  L.  1919,  ch.  301;  L.  1920,  ch.  831; 
and  by  L.  1921,  ch.  63,  in  effect  March  9,  1921.] 

3  After  a  tax  has  been  voted  by  a  district  meeting  in  a  district 
specified  in  the  preceding  subdivision,  in  which  there  is  land  owned 
by  the  State  and  the  trustees  have  made  the  assessment  and  their 
tax-list  therefor,  such  trustees  shall  immediately  file  in  the  office 


1  So  in  original. 


EDUCATION    LAW  135 

of  the  Comptroller  a  duly  verified  copy  of  such  tax  list,  which  in 
addition  to  the  other  matters  now  required  by  law  shall  state  which 
are  lands  belonging  to  the  State.  The  Comptroller  shall  within  thirty 
days  after  the  receipt  of  such  list  and  after  hearing  the  trustees, 
if  they  or  any  of  them  so  desire,  correct  or  reduce  any  assessment 
of  state  lands  which  may  be  in  his  judgment  an  unfair  proportion 
to  the  remaining  assessment  of  land  within  the  district,  and  shall 
in  other  respects  approve  the  assessment  and  communicate  such 
approval  to  the  trustees.  No  such  assessment  of  state  lands  shall 
be  valid  for  any  purpose  until  the  amount  of  the  assessment  is 
approved  by  the  Comptroller. 

Provisions  of  Tax  Law  Relative  to  School  Districts 

Note. —  The  following  provisions  of  the  tax  law  (L.  1909,  ch.  62),  are  of 
special  interest  to  school  district  officers: 

§  40  Assessors  to  apportion  valuation  of  railroad,  telegraph,  telephone, 
pipe  line,  water  or  gas  companies  and  of  special  franchises  among  school 
and  special  districts.  The  assessors  of  each  town  or  city  in  which  a 
railroad,  telegraph,  telephone,  water  pipe  line,  or  gas  company,  including  a 
company  engaged  in  the  business  of  supplying  natural  gas,  is  assessed  by 
them  or  by  the  tax  commission  upon  property  lying  in  more  than  one  school 
district  or  in  one  or  more  special  districts  in  which  a  tax  is  levied  for  district 
purposes  shall  after  the  time  fixed  for  hearing  complaints  and  action  thereon 
and  prior  to  the  final  completion  of  the  roll,  pursuant  to  section  39  of  this 
chapter,  apportion  the  assessed  valuation  of  the  property  of  each  of  such 
corporations  so  made  by  them  or  by  the  tax  commission  among  such  school 
and  special  districts.  Such  apportionments  shall  be  entered  by  the  assessors 
in  the  appropriate  column  of  the  assessment-roll  and  a  certificate  thereof 
signed  by  the  assessors  or  a  majority  of  them  shall  be  filed  with  the  town  or 
city  clerk  within  five  days  thereafter,  and  thereupon  the  valuations  so  appor- 
tioned shall  become  the  valuations  of  such  property  in  such  districts  for  the 
purpose  of  taxation  for  the  ensuing  year.  The  town  clerk  shall  furnish  the 
trustees  of  school  districts  a  certified  statement  of  the  valuations  appor- 
tioned to  their  respective  districts. 

In  case  of  the  failure  of  the  assessors  to  act,  a  supervisor  of  the  town  or 
city  shall  make  such  apportionment  on  request  of  either  the  trustee  of  any 
school  district  or  the  officers  of  any  special  district  or  the  corporation  assessed. 
In  case  of  any  alteration  in  any  school  district  affecting  the  valuation  of 
such  property,  the  officer  making  the  same  shall  fix  and  determine  the  valua- 
tions m  the  districts  affected  for  the  current  year.  [Amended  by  L.  1912, 
ch.  271;  L.  1913,  ch.  556,  and  L.  1916,  ch.  323,  in  effect  April  26,  1916.] 

§  70-b  Receipts  for  taxes.  Every  collector  of  taxes  shall  deliver  or 
upon  request  forward  by  mail,  a  receipt  wholly  written  with  ink  or  partly 
printed  and  filled  out  with  ink  to  each  person  paying  a  tax,  specifying  the 
date  of  such  payment,  the  name  of  such  person,  the  description  of  the  prop- 
erty as  shown  on  the  assessment-roll,  the  name  of  the  person  to  whom  the 
same  is  assessed,  the  amount  of  such  tax,  and  the  date  of  delivery  to  him 
of    the   assessment-roll   on   account   of   which   such   tax   was  paid.     For   the 


136  THE   UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 


purpose  of  giving  such  receipt,  each  collector  shall  have  a  book  of  blank 
receipts,  so  arranged  that  when  a  receipt  is  torn  therefrom  a  corresponding 
copy  or  stub  will  remain.  The  tax  commission  shall  prescribe  the  form  of 
such  receipts,  stubs  and  books  and  they  shall  be  furnished  to  the  town  col- 
lector by  the  board  of  supervisors,  at  the  expense  of  the  county;  to  the 
city  collector  by  the .  common  council,  at  the  expense  of  the  city ;  to  the 
village  collector  by  the  village  trustees  at  the  expense  of  the  village;  to  the 
school  collector  by  the  trustee  or  trustees  at  the  expense  of  the  school  dis- 
trict. The  expense  of  mailing  receipts  shall  be  a  proper  charge  against  the 
city,  town,  village  or  school  district.  At  the  time  of  giving  such  a  receipt 
the  collector  shall  make  the  same  entries  on  the  corresponding  copy  or  stub 
as  arc  required  to  be  made  on  the  receipt.  Such  book  shall  be  subject  to 
public  inspection  and  shall  be  filed  by  the  collector  with  his  return,  together 
with  the  assessment-roll  in  the  office  of  the  county  treasurer,  or  such 
officer  or  board  to  which  such  collector  makes  his  return.  [Amended  by 
L.  1916,  ch.  323,  in  effect  April  26,  1916.] 

Distribution  of  Revenues  Derived  from  Franchise  Tax  on  Business 

Corporations 

{Tax  Law  §  219-h) 
7  Upon  the  distribution  of  such  revenues  as  hereinbefore  provided  the  entire 
allotment  of  any  town  in  Onondaga  county  paid  to  the  supervisor  thereof 
shall  be  further  distributed  by  him  as  follows:  One-third  thereof  shall  be 
apportioned  among  the  several  school  districts  in  such  town  in  the  proportions 
that  the  total  amount  of  the  assessed  valuation  of  all  the  real  property  of 
such  corporations  in  each  of  said  school  districts,  respectively,  or  part 
thereof  in  such  town,  bears  to  the  aggregate  assessed  valuation  of  all  the 
real  property  of  such  corporations  in  the  entire  town,  as  the  same  appears 
upon  ihe  last  preceding  town  assessment-roll.  The  balance  thereof  shall  be 
retained  by  him  and  credited  to  general  town  purposes.  {As  added  by  L. 
1921,  ch.  447,  and  amended  by  L.  1922,  ch.  654,  in  effect  April  13,  1922.] 

Distribution  of  Revenues  Derived  from  Personal  Income  Tax 

{Tax  Law  §  382  in  part) 
Except  as  hereinafter  provided,  upon  the  distribution  of  such  revenues  to 
any  town  the  supervisor  shall,  with  the  approval  of  the  town  board,  distribute 
not  to  exceed  one-third  of  such  allotment  to  such  town  among  the  several 
school  districts  in  the  town  in  the  proportions  that  the  assessed  valuation  of 
the  real  property  of  each  of  such  school  districts,  respectively,  or  part  thereof 
in  such  town  as  the  same  appears  upon  the  last  preceding  town  assessment- 
roll  bears  to  the  aggregate  assessed  valuation  of  the  real  property  of  the 
entire  town,  but  the  amount  so  distributed  to  any  school  district  for  any  one 
year  shall  not  exceed  one-fourth  of  the  amount  raised  by  taxation  in  such 
school  district  for  school  purposes  during  the  preceding  year,  and  the  excess, 
if  any,  not  so  distributed  to  any  such  district  shall  be  retained  by  the  super- 
visor and  credited,  together  with  the  remaining  two-thirds  of  such  total 
allotment,  to  general  town  purposes.  However,  the  town  board,  by  resolution, 
may  direct  the  supervisor  to  retain  all  such  moneys  allotted  to  the  town,  in 
which  case  such  one-third  shall  not  be  so  distributed  to  the  school  districts, 
but  all  moneys  so  allotted  to  the  towns  shall  be  credited  to  general  town 
purposes.     [As  amended  by  L.  1922,  ch.  107,  in  effect  March  10,  1922.] 


EDUCATION    LAW  137 

Provisions  of  Village  Law  relative  to  Collection  of  School  District  Taxes 
§  70  Office  created;  term  of  office;  compensation.  In  each  village 
adjoining  a  city  of  the  first  class,  situated  within  a  county  having  a  popu- 
lation of  four  hundred  thousand  or  upwards,  according  to  the  last  state 
enumeration,  except  in  counties  adjoining  a  city  of  over  one  million  inhabi- 
tants, there  shall  be  a  receiver  of  taxes  and  assessments.  The  term  of  office 
of  such  receiver  of  taxes  and  assessments  shall  be  four  years.  Such  office 
shall  be  filled  by  the  electors  of  the  village,  in  the  same  manner  as  other 
elective  offices  of  the  village,  at  the  times  hereinafter  provided.  The  salary 
shall  be  fixed  by  the  board  of  trustees  of  such  village,  but  'where  a  union 
free  fchool  district,  located  wholly  or  in  part  within  the  boundaries  of  a 
village,  shall  appoint  such  receiver  of  taxes  and  assessments  as  the  collector 
or  receiver  of  schcool  taxes  and  assessments  for  such  school  district  and 
pay  him  a  fixed  compensation  in  lieu  of  fees  and  other  charges,  the  salary 
or  receiver  of  school  taxes  and  assessments  for  such  school  district  and 
and  such  village  as  the  school  district  board  of  trustees  and  the  village  board 
of  trustees  niay  agree.  [As  amended  by  L.  1922,  ch.  323,  in  effect  March  28, 
1922.] 

ARTICLE  16 

School  Buildings  and  Sites 

Section  450  No  schoolhouse  shall  be  built  on  town  line 

451  Plans  and  specifications  of  new^  school  buildings  must  be  approved 

by  Commissioner  of  Education 

452  Halls,  doors,  stairways,  staircases  etc. 

453  Fire  escapes 

454  Use  of  school  buildings  for  examinations  and  institutes 

455  Use  of  schoolhouse  and  grounds  out  of  school  hours 

456  Condemnation   of   schoolhouse   and   erection   of   new   schoolhouse 

in  place  thereof 

457  Provision  for  outbuildings 

458  When   board   of    education   may   designate   site   without  vote   of 

district 

459  Change  of  site 

460  Site,  how  designated 

461  Sale  of   former  schoolhouse  or  site 

462  Application   of   proceeds   of    sale 

463  Acquisition  of  real  property 

464  When  owner's  consent  necessary 

465  Vesting  of  title  of  lands  in  certain  cases 

466  Application  to  certain  districts 

467  School  taxes  and  school  bonds 

§  450  No  schoolhouse  shall  be  built  on  town  line.  No  school- 
house  shall  be  built  so  as  to  stand  on  the  division  line  of  any  two 
towns. 


^  So  in  original. 


138  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 


§  451  Plans  and  specifications  of  school  buildings  must  be 
approved  by  Commissioner  of  Education.  1  No  schoolhouse 
shall  hereafter  be  erected,  repaired,  enlarged  or  remodeled  in  a  city 
of  the  third  class  or  in  a  school  district,  at  an  expense  which  shall 
exceed  five  hundred  dollars,  until  the  plans  and  specifications  thereof 
shall  have  been  submitted  to  the  Commissioner  of  Education  and 
his  approval  indorsed  thereon.  Such  plans  and  specifications  shall 
show  in  detail  the  ventilation,  heating  and  lighting  of  such  buildings. 

2  The  Commissioner  of  Education  shall  not  approve  the  plans  for 
the  erection  of  any  school  building  or  addition  thereto  or  remo'l- 
eling  thereof  unless  the  same  shall  provide 

a  At  least  fifteen  square  feet  of  floor  space  and  two  hundred 
cubic  feet  of  air  space  for  each  pupil  to  be  accommodated  in  each 
study  or  recitation  room  therein. 

h  For  assuring  at  least  thirty  cubic  feet  of  pure  air  every  minute 
per  pupil,  and 

c  The  facilities  for  exhausting  the  foul  or  vitiated  air  therein 
shall  be  positive  and  independent  of  atmospheric  changes. 

3  No  tax  voted  by  a  district  meeting  or  other  competent  authority 
in  any  such  city,  or  school  district  exceeding  the  sum  of  five  hun- 
dred dollars,  shall  be  levied  by  the  trustees  until  the  Commissioner 
of  Education  shall  certify  that  the  plans  and  specifications  for  the 
same  comply  with  the  provisions  of  this  section. 

§  452  Halls,  doors,  stairways,  staircases  etc.  1  All  school- 
houses  for  which  plans  and  detailed  statements  shall  be  filed  and 
approved,  as  required  by  the  preceding  section  shall  have  all  halls, 
doors,  stairways,  seats,  passage-ways  and  aisles  and  all  lighting  and 
heating  appliances  and  apparatus  arranged  to  facilitate  egress  and 
aft'ord  adequate  protection  in  cases  of  fire  or  accident. 

2  All  exit  doors  shall  open  outwardly,  and  shall,  if  double  doors 
be  used,  be   fastened  with  movable   bolts   operated   simultaneousl 
by  one  handle  from  the  inner  face  of  the  door. 

3  No  staircase  shall  be  constructed  with  winder  steps  in  lieu  o 
a  platform  but  shall  be  constructed  with  straight .  runs,  changes  in 
direction  being  made  by  platforms.    No  door  shall  open  immediately 
upon  a  flight  of  stairs,  but  a  landing  at  least  the  width  of  the  door 
shall  be  provided  between  such  stairs  and  such  doorway. 

§  453  Fire  escapes.  1  All  school  buildings  in  the  State,  except 
in  the  city  of  New  York,  which  are  more  than  two  stories  high, 
shall  have  properly  constructed  stairways  on  the  outside  thereof, 
with  suitable  doorways  leading  thereto,  from  each  story  above  the 
first,  for  use  in  case  of  fire.     Such  stairways  shall  be  kept  in  good 


p 


EDUCATION    LAW  139 

order  and  free  from  obstruction,  and  shall  not  be  bolted  or  lockea 
during  school  hours. 

2  It  shall  be  the  duty  of  the  trustee  or  board  of  education  having 
charge  of  said  school  buildings  to  cause  such  stairways  to  be  con- 
structed and  maintained,  and  the  reasonable  and  proper  cost  thereof 
shall  in  each  case  be  a  legal  charge  upon  the  district  or  city,  and 
shall  be  raised  by  tax,  as  other  moneys  are  raised  for  school 
purposes. 

§  454  Use  of  school  buildings  for  examinations  and  institutes. 
1  The  use  of  a  school  building  shall  be  granted  for  any  examina- 
tion or  teachers  institute  appointed  by  the  Commissioner  of  Educa- 
tion upon  the  request  of  the  school  commissioner  in  whose  school 
commissioner  district  or  the  superintendent  of  the  city  in  which 
such  building  is  located  or  upon  the  direction  or  order  of  such 
Commissioner  of  Education. 

2  No  charge  shall  be  made  therefor  except  when  such  building 
is  used  for  a  teachers  institute,  in  which  case  a  reasonable  allow- 
ance may  be  made  to  said  district  or  city  for  lighting,  heating  and 
janitor  service,  provided  always  that  due  and  proper  care  shall  be 
maintained  and  the  school  building  be  left  in  such  condition  as 
found  in  relation  to  cleanliness  and  neatness. 

§  455  Use  of  schoolhouse  and  grounds  out  of  school  hours. 

Schoolhouses  and  the  grounds  connected  therewith  and  all  property 
belonging  to  the  district  shall  be  in  the  custody  and  under  the  con- 
trol and  supervision  of  the  trustees  or  board  of  education  of  the 
district.  The  trustees  or  board  of  education  may  adopt  reasonable 
regulations  for  the  use  of  such  schoolhouses,  grounds  or  other  prop- 
erty, when  not  in  use  for  school  purposes,  for  such  other  public 
purposes  as  are  herein  provided.  Such  regulations  shall  not  conflict 
with  the  provisions  of  this  chapter  and  shall  conform  to  the  pur- 
poses and  intent  of  this  section  and  shall  be  subject  to  review  on 
appeal  to  the  commissioner  of  education  as  provided  by  law.  The 
trustees  or  board  of  education  of  each  district  may,  subject  to  regu- 
lations adopted  as  above  provided,  permit  the  use  of  the  schoolhouse 
and  rooms  therein,  and  the  grounds  and  other  property  of  the  dis- 
trict, when  not  in  use  for  school  purposes,  for  any  of  the  following 
purposes : 

1  By  persons  assembling  therein  for  the  purpose  of  giving  and 
receiving  instruction  in  any  branch  of  education,  learning  or  the 
arts. 

2  For  pubhc  library  purposes,  subject  to  the  provisions  of  this 
chapter,  or  as  stations  of  public  libraries. 


140  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

3  For  holding  social,  civic  and  recreational  meetings  and  enter-^ 
tainments,  and  other  uses  pertaining  to  the  welfare  of  the  com- 
munity; but  such  meetings,  entertainment  and  uses  shall  be  non- 
exclusive and  shall  be  open  to  the  general  public. 

4  For  meetings,  entertainments  and  occasions  where  admission 
fees  are  charged,  when  the  proceeds  thereof  are  to  be  expended  for 
an  educational  or  charitable  purpose;  but  such  use  shall  not  be 
permitted  if  such  meetings,  entertainments  and  occasions  are  under 
the  exclusive  control,  and  the  said  proceeds  are  to  be  applied  for 
the  benefit  of  a  society,  association  or  organization  of  a  religious 
sect  or  denomination,  or  of  a  fraternal,  secret  or  exclusive  society 
or  organization  other  than  organizations  of  veterans  of  the  military, 
naval  and  marine  service  of  the  United  States.  [Subdivision  4 
amended  by  L.  1921,  ch.  82,  in  effect  March  16,  1921.] 

5  For  polling  places  for  holding  primaries  and  elections  and  for 
the  registration  of  voters,  and  for  holding  political  meetings.  But 
no  such  use  shall  be  permitted  unless  authorized  by  a  vote  of  a 
district  meeting,  held  as  provided  by  law,  or,  in  cities  by  the  board 
of  education  thereof.  Except  in  cities,  it  shall  be  the  duty  of  the 
trustees  or  board  of  education  to  call  a  special '  meeting  for  such 
purpose  upon  the  petition  of  at  least  ten  per  centum  of  the  qualified 
electors  of  the  district.  Authority  so  granted  shall  continue  until 
revoked  in  like  manner  and  by  the  same  body  as  granted. 

6  For  civic  forums  and  community  centers.  Upon  the  petition 
of  at  least  twenty-five  citizens  residing  within  the  district  or  city, 
the  trustees  or  board  of  education  in  each  school  district  or  city  shall 
organize  and  conduct  community  centers  for  civic  purposes,  and 
civic  forums  in  the  several  school  districts  and  cities,  to  promote 
and  advance  principles  of  Americanization  among  the  residents  of 
the  state.  The  trustees  or  board  of  education  in  each  school  dis- 
trict or  city,  when  organizing  such  community  centers  or  civic 
forums,  shall  provide  funds  for  the  maintenance  and  support  of 
such  community  centers  and  civic  forums,  and  shall  prescribe  regu- 
lations for  their  conduct  and  supervision,  provided  that  nothing 
herein  contained  shall  prohibit  the  trustees  of  such  school  district 
or  the  board  of  education  to  prescribe  and  adopt  rules  and  regula- 
tions to  make  such  community  centers  or  civic  forums  self- 
supporting  as  far  as  practicable.  Such  community  centers  and  civic 
forums  shall  be  at  all  times  under  the  control  of  the  trustees  or 
board  of  education  in  each  school  district  or  city,  and  shall  be  non- 
exclusive and  open  to  the  general  public.  [Amended  by  L.  1913, 
ch.  221;  L.  1917,  ch.  214;  and  L.  1920,  ch.  150,  in  effect  April  1, 
1920.] 


EDUCATION   LAW  141 

Provisions  of  Election  Law  relating  to  Use  of  School  Buildings 

(Election  Law,  %  66) 
3  A  schoolhouse  or  other  public  building  or  any  building  exempt  from 
taxation  shall  be  designated,  if  the  use  of  the  same  as  a  registration  and 
polling  place  will  not  interfere  with  its  customary  use,  and  if  it  be  so  situ- 
ated as  to  be  convenient  to  the  voters  residing  in  the  election  district.  The 
expense,  if  any,  incidental  to  its  use  under  such  designation  shall  be  paid 
like  the  expense  of  other  registration  and  polling  places.  Whenever  a  school 
or  other  public  building  is  located  in  an  election  district  and  the  registration 
and  polling  place  of  such  district  is  not  located  in  a  school  or  other  public 
building,  a  statement  of  the  reason  for  not  designating  such  building  must 
be  entered  by  the  board  charged  with  the  duty  of  making  such  designations 
in  its  minutes  or  other  record.  [As  amended  by  L.  1922,  ch.  588,  in  effect 
April  12,  1922.] 

§  456  Condemnation  of  schoolhouse  and  erection  of  new 
schoolhouse  in  place  thereof.  1  A  school  commissioner  may 
make  an  order  condemning  a  schoolhouse,  if  he  finds  upon  exam- 
ination that  such  schoolhouse  is  wholly  unfit  for  use  and  not  worth 
repairing. .  He  shall  deliver  such  order  to  a  trustee  of  the  district 
and  transmit  a  copy  thereof  to  the  Commissioner  of  Education. 
He  shall  also  state  in  such  order  the  date  on  which  it  shall  take  effect 
and  the  sum  which  in  his  opinion  will  be  necessary  to  erect  a  school 
building  suitable  to  the  needs  of  the  district. 

2  Immediately  upon  the  receipt  of  said  order,  the  trustees  of 
such  district  shall  call  a  special  meeting  of  the  voters  of  said  dis- 
trict, to  consider  the  question  of  building  a  new  schoolhouse  therein. 
Such  meeting  shall  have  power  to  determine  the  size  of  said  school- 
house,  the  material  to  be  used  in  its  erection,  and  to  vote  a  tax  to 
build  the  same.  But  such  meeting  shall  have  no  power  to  reduce 
the  estimate  made  by  the  Commissioner  aforesaid  by  more  than 
twenty-five  per  centum  of  such  estimate. 

3  And  where  no  tax  for  building  such  schoolhouse  shall  have 
been  voted  by  such  district  within  thirty  days  from  the  time  of 
holding  the  first  meeting  to  consider  the  question,  it  shall  be  the 
duty  of  the  trustees  of  such  district  to  contract  for  the  building 
of  a  schoolhouse  capable  of  accommodating  the  children  of  the 
district,  and  to  levy  a  tax  to  pay  for  the  same,  which  tax  shall  not 
exceed  the  sum  estimated  as  necessary  by  the  Commissioner  afore- 
said, and  which  shall  not  be  less  than  such  estimated  sum  by  more 
than  twenty-five  per  centum  thereof.  But  such  estimated  sum  may 
be  increased  at  any  subsequent  school  meeting  legally  held  in  the 
district. 

§  457  Provision  for  outbuildings.  1  The  trustees  in  the  sev- 
leral  school  districts  shall  provide  at  least  two  suitable  and  convenient 


142  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

water-closets  or  privies  for  each  of  the  schools  under  their  charge, 
which  shall  be  entirely  separated  each  from  the  other,  and  have 
separate  means  of  access,  and  approaches  thereto  separated  by  a 
substantial  close  fence  not  less  than  seven  feet  in  height.  It  shall 
also  be  the  duty  of  trustees  to  keep  such  outbuildings  in  a  clean  and 
wholesome  condition. 

2  The  board  of  education  of  each  union  free  school  district  and 
of  a  city  shall  provide  and  maintain  at  least  two  suitable  and  con- 
venient water-closets  or  privies  for  each  of  the  schools  under  their 
charge,  and  in  conformity  with  the  provisions  of  this  section. 

3  Any  expense  incurred  by  the  trustees  of  a  common  school 
district  in  carrying  out  the  requirements  of  this  section  shall  be 
a  charge  upon  the  district,  when  such  expense  shall  have  been 
authorized  by  the  school  commissioner  within  whose  district  the 
schoolhouse  is  located,  and  a  tax  may  be  levied  therefor  without 
a  vote  of  the  school  district.  Any  expense  incurred  by  the  board 
of  education  in  carrying  out  the  foregoing  provisions  shall  be  a 
charge  upon  the  district  or  city  and  payable  out  of  any  of  the  con- 
tingent funds  thereof ;  and  a  tax  may  be  levied  therefor  without 
a  vote  of  the  district. 

4  A  failure  on  the  part  of  the  trustees  or  a  board  of  education 
to  comply  with  the  provisions  of  this  section  shall  be  sufficient 
grounds  for  their  removal  from  office  and  for  withholding  from^ 
the  district  or  city  its  share  of  the  public  moneys  of  the  State. 

§  458  When  board  of  education  may  designate  site  without 
vote  of  district.  A  board  of  education  in  a  union  free  school 
containing  a  population  of  five  thousand  or  more  may,  without 
a  vote  of  the  qualified  voters  of  said  district,  designate  sites  or 
additions  thereto  for  schoolhouses. 

§  459  Change  of  site.  No  site  of  a  schoolhouse  shall  be 
changed  unless  a  majority  of  the  legal  voters  present  and  voting 
at  a  district  meeting  shall  adopt  a  resolution  designating  a  ne'W 
site  and  describing  such  site  by  metes  and  bounds.  Such  resolutior 
shall  be  adopted  either  by  ballot  or  taking  and  recording  the  ayei 
and  noes. 

§  460  Site,  how  designated.  The  designation  of  a  site  by  an) 
school  district  meeting  shall  be  by  written  resolution  containing  ; 
description  thereof  by  metes  and  bounds,  and  such  resolution  mus 
receive  the  assent  of  a  majority  of  the  qualified  voters  present  an< 
voting  at  said  meeting,  to  be  ascertained  by  taking  and  recordinj 
the  ayes  and  noes,  or  by  ballot. 

§  461   Sale  of  former  schoolhouse  or  site.      1   Whenever  th 


EDUCATION    LAW  143 

site  of  a  schoolhouse  shall  have  been  changed,  as  herein  provided, 
the  inhabitants  of  a  district  entitled  to  vote,  lawfully  assembled  at 
any  district  meeting,  shall  have  power,  by  a  majority  of  the  votes 
of  those  present,  to  direct  the  sale  of  the  former  site  or  lot,  and 
the  buildings  thereon  and  appurtenances  or  any  part  thereof,  at  such 
price  and  upon  such  terms  as  they  shall  deem  proper;  and  any  deed 
.duly  executed  by  the  trustees  of  such  district,  or  a  majority  of 
them,  in  pursuance  of  such  direction,  shall  be  valid  and  effectual 
to  pass  all  the  estate  or  interest  of  such  school  district  in  the 
premises. 

2  When  a  credit  shall  be  directed  to  be  given  upon  such  sale  for 
the  consideration  money,  or  any  part  thereof,  the  trustees  are  hereby 
authorized  to  take  in  their  corporate  name  such  security  by  bond 
and  mortgage,  or  otherwise,  for  the  payment  thereof,  as  they  shall 
deem  best,  and  shall  hold  the  same  as  a  corporation,  and  account 
therefor  to  their  successors  in  office  and  to  the  district,  in  the 
manner  they  are  now  required  by  law  to  account  for  moneys  received 
by  them;  and  the  trustees  of  any  such  district  and  their  successors 
may,  in  their  name  of  office,  sue  for  and  recover  the  moneys  due 
and  unpaid  upon  any  security  so  taken  by  them  or  theii>  predecessors. 

§  462  Application  of  proceeds  of  sale.  All  moneys  arising 
from  any  sale  made  in  pursuance  of  the  last  preceding  section, 
shall  be  applied  to  the  expenses  incurred  in  procuring  a  new  site, 
and  in  removing  or  erecting  thereon  a  schoolhouse,  and  improving 
and  furnishing  such  site  and  house,  and  their  appurtenances,  so  far 
as  such  application  shall  be  necessary;  and  the  surplus,  if  any,  shall 
be  devoted  to  the  purchase  of  school  apparatus  and  the  support 
of  the  school,  as  the  voters  of  the  district  at  any  meeting  shall 
direct. 

§  463  Acquisition  of  real  property.  Real  property  may  be 
acquired  in  any  school  district  and  in  any  city  except  a  city  of  the 
first  or  second  class,  for  school  purposes  and  for  any  other  purpose 
for  which  such  property  may  be  acquired  as  provided  in  this  chapter, 
as  follows: 

1  By  gift,  grant,  devise  or  purchase.^ 

2  By  condemnation,  if  an  agreement  can  not  be  made  with  the 
owner  for  the  purchase  thereof.  Such  proceedings  shall  be  insti- 
tuted and  conducted  by  the  trustee  or  board  of  education,  in  the 
name  of  the  district  under  the  provisions  of  the  condemnation  law. 

3  This  section  does  not  permit  the  acquisition  by  condemnation 
of  less  than  the  whole  of  a  city  or  village  lot  with  the  erections 
and  improvements  thereon.      [Amended  by  L.  1913,  ch.  221. \ 


144  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

§  464  When  owner's  consent  necessary.  The  following  prop- 
erty can  not  be  acquired  without  the  consent  of  the  owner  : 

1  A  homestead  occupied  as  such  by  the  owner,  except  such  por- 
tion thereof  as  may  appear  to  the  court  to  be  unnecessary  for  the 
reasonable  use  and  enjoyment  of  the  homestead. 

2  A  garden,  orchard  or  any  part  thereof,  not  within  a  city,  which 
has  existed  for  a  period  of  one  year  prior  to  the  beginning  of  the 
condemnation  proceedings. 

3  A  yard  or  enclosure,  or  any  part  thereof,  necessary  to  the 
use  or  enjoyment  of  buildings. 

4  Fixtures  or  erections  for  the  purpose  of  trade  or  manufacture, 
which  have  existed  for  a  period  of  one  year  prior  to  the  beginning 
of  the  condemnation  proceedings.      [Amended  by  L.  1911,  ch.  782.] 

5  The  second  and  third  subdivisions  of  this  section  shall  not  be 
construed  as  prohibiting  the  acquisition  by  condemnation  of  the 
whole  of  a  city  or  village  lot  together  with  the  erections  and  im- 
provements thereon.  [Subdivision  5,  added  by  L.  1920,  ch.  195, 
in  effect  April  14,  1920.] 

§  465  Vesting  of  title  of  lands  in  certain  cases.  Boards  of 
education  in  cities  of  the  third  class  are  hereby  clothed  with  all 
the  powers  of  trustees,  and  the  title  to  any  and  all  lands  acquired 
in  any  city  under  the  provisions  of  section  463  of  this  chapter 
shall  vest  in  the  board  of  education  thereof,  or  such  other  corporate 
body  as  is  by  law  vested  with  the  title  to  the  school  lands  in  such 
city.  But  nothing  herein  contained  shall  be  construed  to  limit  or 
circumscribe  the  powers  and  duties  heretofore  lodged  in  such  board 
of  education  by  law. 

§  466  Application  to  certain  districts.  The  provision  of  sec- 
tion 463  of  this  article  shall  apply  to  union  free  school  districts 
and  to  districts  organized  under  special  laws;  and  the  trustees  of 
such  districts  and  the  boards  of  education  organized  under  special 
laws  shall  be  and  are  hereby  clothed  with  all  the  powers  vested  in 
trustees  in  the  three  preceding  sections. 

§  467  School  taxes  and  school  bonds.  1  A  majority  of  the 
voters  of  any  school  district;  present  at  any  annual  or  special  dis- 
trict meeting,  duly  convened,  may  authorize  such  acts  and  vote  such 
taxes  as  they  shall  deem  expedient  for  making  additions,  altera- 
tions, repairs  or  improvements,  to  the  sites  or  buildings  belonging 
to  the  district,  or  for  the  purchase  of  other  sites  or  buildings,  or 
for  a  change  of  sites,  or  for  the  purchase  of  land  and  buildings 
for  agricultural,  athletic,  playground  or  social  center  purposes,  or 
for  the  erection  of  new  buildings,  or  for  buying  apparatus,  imple- 


EDUCATION    LAW  145 

ments,  or  fixtures,  or  for  paying  the  wages  of  teachers,  and  the 
necessary  expenses  of  the  school,  or  for  such  other  purposes  relating 
to  the  support  and  welfare  of  the  school  as  they  may,  by  resolution, 
approve.     [Subdivision  1  amended  by  L.  1913,  ch.  221.] 

2  On  all  propositions  arising  at  said  meetings  involving  the 
expenditure  of  money,  or  authorizing  the  levy  of  a  tax  in  one  sum 
or  by  instalments,  the  vote  thereon  shall  be  by  ballot,  or  ascertained 
by  taking  and  recording  the  ayes  and  noes  of  such  qualified  voters 
attending  and  voting  at  such  meetings;  and  they  may  direct  the 
moneys  so  voted  to  be  levied  in  one  sum,  or  by  instalments. 

3  No  addition  to  or  change  of  site  or  purchase  of  a  new  site 
or  tax  for  the  purchase  of  any  new  site  or  structure,  or  for  the 
purchase  of  an  addition  to  the  site  of  any  schoolhouse,  or  for  the 
purchase  of  land  and  buildings  for  agricultural,  athletic,  play- 
ground or  social  center  purposes,  or  for  building  any  new  school- 
house  or  for  the  erection  of  an  addition  to  any  schoolhouse  already 
built,  shall  be  voted  at  any  such  meeting  in  a  union  free  school 
district  unless  a  notice  by  the  board  of  education  stating  that  such 
tax  will  be  proposed,  and  specifying  the  object  thereof  and  the 
amount  to  be  expended  therefor,  shall  have  been  given  in  the  man- 
ner provided  herein  for  the  notice  of  an  annual  meeting.  In  a 
common  school  district  the  notice  of  a  special  meeting  to  authorize 
any  of  the  improvements  enumerated  in  this  section  shall  be  given 
as  provided  in  section  197.     [Subdiv.  3  amended  by  L.  1913,  ch.  221.] 

4  And  whenever  a  tax  for  any  of  the  objects  hereinbefore  speci- 
fied shall  be  legally  voted  the  board  of  trustees  or  board  of  education 
shall  make  out  their  tax  list,  and  attach  their  warrant  thereto,  in 
the  manner  provided  in  article  15  of  this  chapter,  for  the  collection 
of  school  district  taxes,  and  shall  cause  such  taxes  or  such  instal- 
ments to  be  collected  at  such  times  as  they  shall  become  due. 

5  No  vote  to  raise  money  shall  be  rescinded,  nor  the  amount 
thereof  be  reduced  at  any  subsequent  meeting,  unless  it  be  an 
adjourned  meeting  or  a  meeting  called  by  regular  and  legal  notice, 
which  shall  specify  the  proposed  action,  and  at  which  the  vote 
upon  said  proposed  reduction  or  rescinding  shall  be  taken  by  ballot 
or  by  taking  and  recording  the  ayes  and  noes  of  the  qualified  voters 
attending  and  voting  thereat. 

Assessment  on  State  Lands 
(Tax  law,  §  22,  in  part) 

...  No  tax  for  the  erection  of  a  schoolhouse  .  .  .  shall  be  imposed  upon  the  state 
lands  unless  such  erection  .  .  .  shall  have  first  been  approved  in  writing  by  the 
conservation    commission. 


146  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

ARTICLE  17 

School  District  Bonds 

§  480  Issuance  of  school  district  bonds.  1  For  the  purpose 
of  giving  effect  to  the  provisions  of  section  four  hundred  and  sixty- 
seven  of  this  chapter,  trustees  or  boards  of  education  are  hereby 
authorized,  whenever  a  tax  shall  have  been  voted  to  be  collected 
in  instalments,  for  the  purpose  of  building  a  new  schoolhouse,  or 
building  an  addition  to  a  schoolhouse,  or  making  additions,  altera- 
tions or  improvements  to  buildings  or  structures  belonging  to  the 
district  or  city,  or  for  the  purchase  of  a  new  site  or  for  an  addi- 
tion to  a  site,  or  for  the  purchase  of  land  or  buildings  for  agricul- 
tural, athletic,  playground,  or  social  center  purposes,  or  for  the 
purchase  of  furniture,  fixtures  and  equipment  for  any  such  build- 
ings and  playgrounds,  to  borrow  so  much  of  the  sum  voted  as  may 
be  necessary,  at  a  rate  of  interest  not  exceeding  six  per  centum, 
and  to  issue  bonds  or  other  evidences  of  indebtedness  therefor, 
which  shall  be  a  charge  upon  the  district,  and  be  paid  at  maturity, 
and  which  shall  not  be  sold  below  par.  In  districts  having  an 
aggregate  valuation  of  real  property  of  five  hundred  thousand  dol- 
lars or  over,  no  bonds  shall  be  hereafter  issued  which  make  the 
total  bonded  indebtedness,  at  any  time,  exceed  fifteen  per  centum 
of  the  aggregate  assessed  valuation  of  the  real  property  within  the 
bounds  of  such  school  district,  unless  the  resolution  authorizing 
the  issue  and  sale  of  such  bonds,  in  excess  of  such  amount,  shall 
be  adopted  by  a  vote  of  two-thirds  of  the  qualified  electors  present 
and  voting  on  such  resolution  at  the  meeting  called  for  such  purpose. 
[Subdivision  1  amended  by  L.  1913,  ch.  221;  L.  1920,  ch.  162; 
L.  1921,  ch.  318;  and  L.  1922,  ch.  124,  in  effect  March  13,  1922.] 

2  Notice  of  the  time  and  place  of  the  sale  of  such  bonds  shall 
be  given  by  the  trustees  or  board  of  education  at  least  ten  days 
prior  thereto  by  publication  twice  in  two  newspapers,  if  there  be 
two,  or  in  one  newspaper  if  there  be  but  one  published  in  such 
district.  But  if  no  newspaper  shall  then  be  published  therein,  the 
said  notice  shall  be  posted  in  at  least  ten  of  the  most  public  places 
in  said  district  ten  days  before  the  sale. 

3  It  shall  be  the  duty  of  the  trustees  or  the  persons  having 
charge  of  the  issue  or  payment  of  such  indebtedness,  to  transmit  a 
statement  thereof  to  the  clerk  of  the  board  of  supervisors  of  the 
county  in  which  such  indebtedness  is  created,  annually,  on  or  before 
the  first  day  of  November. 

4  When  such  bonds  are  sold  by  a  union  free  school  district  whose 
boundaries  are  the  same  as  the  boundaries  of  an  incorporated  village 


EDUCATION    LAW  147 

or  city,  such  bonds  shall  be  signed  by  the  president  and  clerk  of 
the  board  of  education  and  delivered  to  the  treasurer  of  such  village 
or  city  who  shall  countersign  them  and  give  notice  of  the  sale  thereof 
in  hke  manner  as  is  provided  for  the  notice  of  sale  of  bonds  in 
subdivision  2  of  this  section.  The  proceeds  of  the  sale  of  such 
bonds  shall  be  paid  into  the  treasury  of  said  incorporated  village  or 
city,  to  the  credit  of  the  board  of  education. 

5  When  such  bonds  are  sold  by  a  common  school  district  the 
payment  or  collection  of  the  last  instalment  shall  not  be  extended 
beyond  twenty  years  from  the  time  such  vote  was  taken. 

6  All  of  the  provisions  of  the  general  municipal  law  relative 
to  the  method  of  the  registry  of  municipal  bonds  and  the  conversion 
of  coupon  into  registered  bonds  shall  apply  to  bonds  issued  pursuant 
to  the  provisions  of  this  section,  except  that  the  duties  therein 
required  to  be  performed  by  the  clerk  of  a  municipal  corporation 
shall  be  performed  by  the  clerk  of  the  school  district.  [Subdivision 
6  added  by  L.  1914,  ch.  31.] 

7  A  trustee,  board  of  education,  qualified  elector  or  taxpayer  of 
a  school  district,  a  purchaser  of  school  district  bonds  or  other 
evidence  of  indebtedness  issued  and  sold  as  provided  in  this  section, 
or  a  person  holding  any  of  such  bonds  or  evidences  of  indebtedness 
may  institute  a  proceeding  before  the  Commissioner  of  Education, 
in  accordance  with  rules  and  regulations  to  be  prescribed  by  him, 
for  the  purpose  of  ratifying  and  confirming  the  proceedings '  of  a 
district  meeting  authorizing  the  levy  and  collection  of  a  tax  payable 
in  instalments  as  provided  in  section  467  of  this  chapter,  and  the 
proceedings  and  official  acts  of  a  trustee,  board  of  trustees  or  board 
of  education  of  such  district  under  this  section,  and  for  the  pur- 
pose of  legalizing  and  validating  the  bonds  or  other  evidences  of 
indebtedness  of  such  district  issued  and  sold  under  this  section.  If 
it  appear  to  the  satisfaction  of  the  Commissioner  that  the  acts  and 
proceedings  of  district  officers  and  meetings  pertaining  to  the  levy 
and  collection  of  taxes  payable  in  instalments  for  the  objects  speci- 
fied in  such  section  467  of  this  chapter,  and  of  the  trustees  and 
boards  of  education  and  other  district  officers  pertaining  to  the 
issuance  and  sale  of  such  bonds,  substantially  compHed  with  the 
provisions  of  this  chapter,  he  shall  render  a  decision  ratifying  and 
confirming  such  acts  and  proceedings,  and  may  in  a  proper  case 
issue  an  order  directing  that  a  tax  be  levied  for  the  payment  of  the 
principal  and  interest  of  such  bonds  or  other  evidences  of  indebt- 
edness. If  there  has  been  a  fair  expression  of  the  will  of  the 
qualified  electors  of  the  district  and  it  appears  that  the  action  taken 


148  THE   UNIVERSITY   OF   THE  STATE   OF   NEW   YORK 

was  not  affected  or  prejudiced  by  defects  in,  or  failure  to  give,  the 
notice  required  by  statute,  or  if  it  appears  that  the  failure  to  take, 
or  a  defect  in,  any  step  in  the  acts  or  proceedings  of  district  officers 
or  meetings  did  not  influence  materially  the  result  of  such  meetings, 
the  Commissioner  may  disregard  such  defects  or  failure  and  deter- 
mine that  there  has  been  a  substantial  compliance  with  the  statute. 
The  decision  of  the  Commissioner  of  Education  in  such  proceeding 
shall  have  the  same  force  and  effect  as  a  decision  rendered  by  him 
in  an  appeal  brought  as  provided  in  section  880  of  this  chapter. 
[Subdivision  7,  added  by  L.  1917,  ch.  413,  in  effect  May  8,  1917.] 

Legalizing  School  Bonds;  Rate  of  Interest 

General  Municipal  Law 

ARTICLE  2-a 

[Inserted  by  L.  1911,  ch.  769] 
Legalizing  Bonds  or  Proceedings  for  Issuance 

Section  22  Legalizing   proceedings 
.    23  Petition 

24  Notice  of  presentation  of  petition;  filing;  answer 

25  Hearing 

26  Determination  of  court 

27  Appeal 

28  Effect  of  determination 
•     29  Pefinitions 

§  22  Legalizing  proceedings.  Proceedings  heretofore  or  hereafter  taken 
by  a  municipal  corporation  authorized  by  law  to  issue  bonds,  or  by  its  officers, 
agents  or  voters,  pursuant  to  a  statute  authorizing  or  requiring  such  pro- 
ceedings, may  be  legalized  and  confirmed  by  the  supreme  court  in  the  manner 
and  with  the  effect  provided  by  this  article.  A  proceeding  may  be  instituted 
hereunder  for  the  purposes  of  legalizing  and  confirming  such  proceedings 
taken  prior  to  the  issuance  and  sale  of  such  bonds,  or  for  the  purpose  of 
legalizing  and  confirming  such  preliminary  proceedings  and  also  the  issuance, 
sale  and  form  of  such  bonds.  Such  a  proceeding  may  be  instituted  by  the 
officer  or  officers  of  such  municipal  corporation  authorized  or  required  by 
law  to  sell  such  bonds,  or  if  the  purpose  of  such  proceeding  also  includes 
the  legalizing  and  confirming  of  the  proceedings  in  respect  to  the  issuance, 
sale  and  form  of  such  bonds,  by  any  taxpayer  of  the  municipal  corporation 
or  by  a  purchaser  or  holder  of  such. bonds. 

§  23  Petition.  The  officer  or  person  commencing  such  proceeding  shall 
present  a  verified  petition  to  a  special  term  of  the  Supreme  Court  held 
within  the  judicial  district  in  which  such  municipal  corporation  is  wholly  or 
partly  situated,  stating  the  statute  under  which  it  is  proposed  to  issue  such 
bonds  or  under  which  such  bonds  were  issued,  the  purpose  thereof,  the 
aggregate  amount  of  bonds  proposed  to  be  issued  or  issued,  the  time  when 
such  bonds  are  payable,  and  all  proceedings  that  have  been  taken  by  the 
municipal  corporation,  or  by  its  officers,  agents   or  voters,  in  respect  to  the 


f  EDUCATION    LAW  149 

issuiance  and  sale  of  such  bonds,  and  praying  that  such  court  shall  investigate 
the  law  and  facts  in  relation  to  such  proceedings  and  determine  whether  such 
proceedings  substantially  complied  with  the  statute  under  which  it  is  pro- 
posed to  issue  and  sell  such  bonds,  or  under  which  such  bonds  were  issued 
and  sold.  Such  petition  may  also  state  any  particular  in  which  the  petitioner 
deems  that  such  proceedings  may  not  have  complied  with  the  statute  under 
which  it  is  proposed  to  issue  and  sell  such  bonds,  or  under  which  the  same 
were  issued  and  sold. 

§  24  Notice  of  presentation  of  petition;  filing;  answer.  A  notice  stating 
the  time  and  place  of  the  presentation  of  such  petition  and  briefly  describing 
the  proceedings  sought  to  be  legalized  and  confirmed  shall  be  published  at 
least  twice  in  a  newspaper,  if  any,  published  in  the  municipal  corporation, 
or  if  no  newspaper  be  published  therein,  in  a  newspaper  published  in  the 
city,  village  or  town  nearest  to  such  municipal  corporation.  Such  publication 
shall  be  made  at  least  twenty  and  not  more  than  thirty  days  prior  to  the 
date  of  such  hearing.  Such  notice  shall  also  be  posted  in  at  least  ten  con- 
spicuous public  places  in  the  municipal  corporation.  If  such  proceeding  be 
instituted  by  a  taxpayer,  or  a  purchaser  or  holder  of  bonds  which  have  been 
issued,  such  notice  shall  also  be  served  upon  the  mayor  of  a  city,  the  presi- 
dent of  a  village,  the  supervisor  of  a  town,  or  the  officer,  board  or  commis- 
sion authorized  or  required  by  law  to  sell  such  bonds,  and  upon  any  known 
purchaser  or  holder  of  such  bonds.  Such  notice  shall  be  so  served  person- 
ally or  by  mail  at  least  twenty  days  before  the  date  of  such  hearing  and 
shall  be  accompanied  by  the  petition  proposed  to  be  presented  at  such  hearing, 
and  at  least  ten  days  prior  to  such  hearing  such  municipal  corporation 
may  serve  on  the  petitioner  a  verified  answer  to  such  petition.  If  such 
proceeding  be  instituted  by  a  municipal  officer  or  officers,  a  copy  of  the 
petition  proposed  to  be  presented  at  the  hearing  shall  be  filed  in  the  office 
of  the  officer  or  officers  authorized  or  required  by  law  to  sell  such  bonds. 
At  any  time  prior  to  such  hearing  a  taxpayer  of  such  municipality,  or  if 
such  bonds  have  been  issued,  a  holder  or  purchaser  may  file  in  such  office 
a  verified  answer  to  such  petition. 

§  25  Hearing.  At  the  time  of  such  hearing  any  taxpayer  of  the 
municipal  corporation,  or  if  such  bonds  have  been  issued,  any  holder  or 
purchaser  thereof  may  intervene  and  with  the  consent  of  the  court  be  made 
a  party  thereto.  Upon  such  hearing  any  party  to  such  proceeding  may  appear, 
by  coimsel,  and  may  produce  and  examine  witnesses  as  to  the  proceedings 
taken  in  respect  to  the  issue  and  sale  of  guch  bonds.  Such  witnesses  shall 
be  subject  to  cross-examination  by  any  party  appearing  at  such  hearing. 

The  court  may  appoint  a  referee  to  take  testimony  in  respect  to  the  pro- 
ceedings for  the  issuance  and  sale  of  such  bonds  and  may  otherwise  require 
the  parties  thereto  to  produce  proof,  by  affidavit  or  otherwise,  of  any  facts 
which  may  tend  to  enable  the  court  to  make  a  full  and  complete  determination 
in  respect  to  the  proceedings  for  the  issuance  and  sale  of  such  bonds. 

§  26  Determination  of  court.  If,  after  such  hearing  and  investigation, 
such  court  is  satisfied  that  the  statute  under  which  such  proceedings  were 
taken  authorized  bonds  to  be  issued  by  the  municipal  corporation  for  the 
aggregate  amount  for  which  it  is  proposed  to  issue  the  same,  or  for  the 
amount  of  bonds  issued  and  sold  thereunder  if  such  bonds  have  been  already 
issued  and  sold,  and  that  the  proceedings  taken  by  such  municipal  corporation, 


150  .      THE    UNIVERSITY    OF    THE   STATE   OF    NEW    YORK 

its  officers,  agents  or  voters,  prior  to  the  issuance  and  sale  of  such  bonds,  or 
including  the  issuance  and  sale  of  such  bonds  have  been  already  issued, 
substantially  complied  with  the  statute  under  which  it  is  proposed  to  issue 
such  bonds,  or  under  which  such  bonds  were  issued  and  sold,  the  court, 
may,  by  order,  legalize  and  confirm  the  proceedings  taken  prior  to  the  issue 
and  sale  of  such  proposed  bonds,  or  if  such  bonds  have  been  issued,  including 
the  proceedings  on  the  issuance  and  sale  thereof  and  the  form  of  the  bonds 
issued  thereunder,  with  the  same  force  and  effect  as  though  all  the  pro- 
visions of  law  in  relation  to  such  proceedings  and  form  had  been  strictly 
complied  with.  The  court  may  determine  that  such  statute  was  substantially 
complied  with  if  it  authorized  the  aggregate  amount  of  bonds  proposed  to 
be  issued  or  issued  thereunder,  that  the  proposition  to  issue  such  bonds  was 
adopted  at  the  election,  if  any,  to  which  it  was  submitted  or  by  the  required 
vote  of  the  meeting  of  the  body  or  board  to  which  it  was  submitted,  and 
that  such  bonds,  if  issued  and  sold  were  sold  at  not  less  than  par  and  at  a 
rate  of  interest  no  greater  than  was  authorized  by  the  statute  under  which 
such  bonds  were  issued,  notwithstanding  any  irregularity  or  technicality  in 
the  form  of  proposition  or  resolution  proposing  or  authorizing  such  issue, 
or  in  the  notice  of  the  election  or  of  the  meeting  of  the  board  or  body 
adopting  such  resolution  or  authorization,  or  in  the  time  or  manner  of  service 
thereof,  or  in  the  conduct  of  the  election  or  meeting  at  which  such  proposition 
or  authorization  was  adopted,  or  in  that  such  proposition  was  submitted  more 
than  once  within  one  year  or  other  shorter  period  than  authorized  by  law, 
or,  if  such  bonds  have  already  been  issued  in  the  manner  of  issuance  or  sale 
thereof,  or  in  the  time  or  times  of  payment  thereof,  notwithstanding  any 
other  technical  or  formal  irregularity  of  like  nature  in  such  proceedings. 
If  the  court  is  satisfied  that  the  proceedings  for  the  issuance  and  sale  of 
such  bonds  did  not  substantially  comply  with  the  statute  under  which  it  was 
proposed  to  issue  and  sell  the  same  or  under  which  the  same  were  issued 
and  sold,  he  may  make  an  order  accordingly  specifying  the  particulars  in 
which  he  deems  that  such  proceedings  failed  to  comply  with  such  statute. 

§  27  Appeal.  An  appeal  may  be  taken  to  the  Appellate  Division  from 
the  order  of  the  Supreme  Court  legalizing  and  confirming  such  proceedings, 
or  refusing  to  legalize  and  confirm  the  same.  Such  appeal  must  be  taken 
within  ten  days  after  the  entry  of  the  order,  by  the  service  of  the  notice  of 
appeal  upon  all  the  parties  to  such  proceeding  who  appeared  personally  or 
by  counsel  at  the  hearing  before  the  Supreme  Court.  The  decision  of  the 
Appellate  Division  thereon  shall  be  final. 

§  28  Effect  of  determination.  If  the  order  of  the  Supreme  Court 
legalizes  and  confirms  such  proceedings,  upon  the  expiration  of  the  time  to 
appeal  therefrom  if  no  appeal  be  taken,  or  upon  the  entry  of  the  final  order 
of  the  Appellate  Division  confirming  such  order  of  the  Supreme  Court,  such 
proceedings  shall  be  deemed  legalized  and  confirmed.  If  such  proceeding 
was  instituted  to  legalize  and  confirm  proceedings  prior  to  the  issuance  and 
sale  of  such  bonds,  the  officer  or  officers  of  such  municipal  corporation 
authorized  to  issue  such  bonds  may  issue  and  sell  the  same  accordingly,  and 
the  validity  of  such  bonds  shall  not  thereafter  be  in  any  manner  questioned 
by  reason  of  any  defect  or  irregularity  in  such  preliminary  proceedings,  and 
notwithstanding  any  such  irregularity  or  defect  shall  be  binding  and  legal 
obligations    upon    the    municipal    corporation    issuing    and    selling    the    same. 


EDUCATION    LAW  151 

If  such  proceeding  was  instituted  tt)  legalize  and  confirm  the  proceedings  for 
the  issue  and  sale  of  bonds  that  were  issued  and  sold  at  the  time  such 
proceeding  was  instituted,  such  bonds  shall  be  valid  and  binding  obligations 
upon  the  municipal  corporation,  in  like  manner,  and  the  validity  thereof  shall 
not  in  any  manner  be  questioned  by  reason  of  any  irregularity  or  defect  in 
the  proceedings  for  the  issue  and  sale  of  such  bonds,  or  in  the  form  thereof. 

§  29  Definitions.  .  The  term  "  municipal  corporation "  as  used  in  this 
article  includes  a  city,  county,  village,  town,  school  district,  sewer  district, 
water  district,  lighting  district  or  any  other  district  or  territory  authorized 
by  law  to  issue  bonds. 

The  term  "  bonds  "  as  used  in  this  article  includes  bonds,  corporate  stock, 
certificates  of  indebtedness  or  any  other  obligations  whereby  a  municipal 
corporation  agrees  to  pay  a  stated  sum  of  money. 

Interest  on  Bonds 

{General  Municipal  Law,  Sec.  21) 

§  21   Maximum  rate  of  interest  on  municipal  bonds.     If  in  any  general 

or  special  law  passed  before  January  first,  nineteen  hundred  eighteen,  author- 
izing or  requiring  an  issue  of  bonds  by  a  municipal  corporation,  or  by  any 
department,  board,  commission,  or  officer  thereof,  a  maximum  rate  of  interest 
on  the  bonds  to  be  issued  thereunder  be  prescribed,  the  rate  of  interest  on 
such  bonds  hereafter  issued  in  pursuance  of  such  general  or  special  law  may 
be  fixed  by  the  department,  board,  commission  or  officer  charged  by  law 
with  the  duty  of  issuing  such  bonds  at  any  rate  not  more  than  the  legal  rate 
of  interest,  notwithstanding  the  provisions  of  such  general  or  special  law 
prescribing  a  different  maximum  rate.  The  term  "  municipal  corporation " 
as  used  in  this  section  includes  a  city,  county,  village,  town,  school  district, 
sewer  district,  water  district,  lighting  district  or  any  other  district  or  terri- 
tory authorized  by  law  to  issue  bonds,  and  the  term  "  bonds  "  includes  bonds, 
corporate  stock,  certificates  of  indebtedness  or  any  other  obligation  whereby 
a  municipal  corporation  agrees  to  pay  a  stated  sum  of  money.  [Added  by 
L.  1911,  ch.  573,  and  amended  by  L.  1918,  ch.  23,  in  effect  March  4,  1918.] 


ARTICLE  18 

School  Moneys 

Section  490    When  apportioned  and  how  applied 

491  Apportionment  of  moneys  appropriated  for  the  support  of  com- 

mon schools 
491-a  Additional  apportionment  of  school  moneys 

492  Conditions   under   which   cities    and   districts   are   entitled   to   an 

apportionment  from  the  appropriation  for  the  support  of  com- 
mon  schools 

493  Apportionment    of    moneys    appropriated    to    cities,    academies, 

academic  departments  and  school  libraries 

494  Manner  of  certifying  and  paying  apportionment  provided  for  in 

preceding  section 


152  THE    UNIVERSITY   OF    THE   STATE   OF    NEW    YORK 

Section  495  County  treasurers  to  render  annual  report 

496  Certificate  of  apportionment  by  Commissioner  of  Education 

497  Moneys  apportioned,  when  and  how  payable 

498  Apportionment  of  school  moneys  by  district  superintendents 

499  Duty  of  and  payment  to  supervisor 

500  Power  of  Comptroller  to  withhold  payment  of  school  moneys 

501  Union  free  school  district  and  city,  a  school  district 

502  Apportionment  for  support  of  training  classes 

§  490  When  apportioned  and  how  applied.  The  amount 
annually  appropriated  by  the  Legislature  for  the  support  of  com- 
mon schools  shall  be  apportioned  by  the  Commissioner  of  Education 
on  or  before  the  twentieth  day  of  January  in  each  year  as  herein- 
after provided;  and  all  moneys  so  apportioned  shall  be  applied 
exclusively  to  the  payment  of  teachers'  salaries. 

§  491  Apportionment  of  moneys  appropriated  for  the  support 
of  common  schools.  After  setting  apart  therefrom  for  a  contin- 
gent fund  not  more  than  ten  thousand  dollars,  the  Commissioner  of 
Education  shall  apportion  the  money  appropriated  for  the  support 
of  common  schools: 

1  To  each  city  and  to  each  union  school  district  which  has  a 
population  of  five  thousand  and  which  employs  a  superintendent  of 
schools,  eight  hundred  dollars.  This  shall  be  known  as  a  super- 
vision quota. 

2  To  each  district  having  an  assessed  valuation  of  twenty 
thousand  dollars  or  less,  two  hundred  dollars. 

3  To  each  district  having  an  assessed  valuation  of  forty  thousand 
dollars  or  less,  but  exceeding  twenty  thousand  dollars,  one  hundred 
and  seventy-five  dollars. 

4  To  each  district  having  an  assessed  valuation  of  sixty  thousand 
dollars  or  less,  but  exceeding  forty  thousand  dollars,  and  to  each 
Indian  reservation  for  each  teacher  employed  therein  for  a  period 
of  one  hundred  and  eighty  days  or  more,  one  hundred  fifty  dollars. 
[Subdivision  4  amended  by  L.  1917,  ch.  74,  in  effect  March  20, 
1917.] 

5  To  each  of  the  orphan  asylums  which  meet  the  conditions  men- 
tioned in  article  35  of  this,  chapter,  one  hundred  and  twenty-five 
dollars. 

6  To  each  of  the  remaining  districts  and  to  each  of  the  cities  in 
the  State  one  hundred  twenty-five  dollars.  The  apportionment  pro- 
vided for  by  subdivisions  2,  3,  4,  5  and  6  shall  be  known  as  district 
quotas. 

7  To  each  such  district,  city  and  orphan  asylum  for  each  addi- 
tional qualified  teacher  and  his  successors  by  whom  the  common 


EDUCATION    LAW  153 

schools  have  been  taught  during  the  period  of  time  required  by  law, 
one  hundred  dollars.  The  apportionment  provided  for  by  this  sub- 
division shall  be  known  as  the  teachers'  quota. 

8  To  a  school  district  or  a  city  which  has  failed  to  maintain 
school  for  one  hundred*  eighty  days  or  which  has  employed  an  extra 
teacher  for  a  shorter  period  than  one  hundred  eighty  days  such 
part  of  a  district  or  teacher's  quota  as  seems  to  him  equitable  when 
the  reason  for  such  failure  is  in  his  judgment  sufficient  to  warrant 
such  action;  but  in  case  such  failure  to  maintain  a  school  in  such 
district  or  city  for  a  period  of  one  hundred  eighty  days  was  caused 
by  the  prevalence  of  an  infectious  or  contagious  disease  in  the  com- 
munity, the  Commissioner  may  in  his  discretion  apportion  to  such 
district  or  city  full  district  and  teachers'  quotas.  [Subdivision  8 
amended  by  L.  1917,  ch.  74,  in  effect  March  20,  1917.] 

9  To  each  separate  neighborhood  such  sum  as  in  his  opinion  it 
is  equitably  entitled  to  receive  upon  the  basis  of  distribution  estab- 
lished by  this  article. 

10  All  errors  or  omissions  in  the  apportionment  whether  made 
by  the  Commissioner  of  Education  or  by  the  school  commissioner 
shall  be  corrected  by  the  Commissioner  of  Education.  Whenever 
a  school  district  has  been  apportioned  less  money  than  that  to  which 
it  is  entitled  the  Commissioner  of  Education  may  allot  to  such 
district  the  balance  to  which  it  is  in  his  judgment  entitled  and  the 
same  shall  be  paid  from  the  contingent  fund.  Whenever  a  school 
district  has  been  apportioned  more  money  than  that  to  which  it  is 
entitled  the  Commissioner  of  Education  may,  by  an  order  under 
his  hand,  direct  such  moneys  to  be  paid  back  into  the  hands  of  the 
county  treasurer  by  him  to  be  credited  to  the  school  fund,  or  he 
may  deduct  such  amount  from  the  next  apportionment  to  be  made 
to  said  district. 

11  The  Commissioner  of  Education  may  also  in  his  discretion 
excuse  the  default  of  a  trustee  or  a  board  of  education  in  employing 
a  teacher  not  legally  qualified,  legalize  the  time  so  taught  and  author- 
ize the  payment  of  the  salary  of  such  teacher. 

§  491-a  Additional  apportionment  of  school  moneys.  1  In 
addition  to  any  other  apportionment  or  quota  provided  for  in  this 
article,  to  be  applied  to  the  payment  of  teachers'  salaries,  the  com- 
missioner of  education  shall  apportion  and  pay  annually,  at  the  same 
time  and  in  the  same  manner  as  public  school  moneys  are  appor- 
tioned and  paid  under  this  article,  or  prior  thereto  in  the  discretion 
of  the  commissioner  of  education,  to  each  city  school  district  and 


154  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

to  each  common  or  union  free  school  district,  from  moneys  appro- 
priated for  the  support  of  common  schools,  for  each  teacher 
employed  in  the  school  or  schools  of  such  district  who  shall  have 
taught  during  the  period  required  by  law,  as  follows : 

(a)  In  cities  of  the  first  class  containing,  a  population  of  over 
one  million,  six  hundred  dollars. 

(b)  In  cities  of  the  first  class  containing  a  population  of  less 
than  one  million;  in  cities  of  the  second  class  containing  a  popu- 
lation, according  to  the  federal  census  of  nineteen  hundred  and 
twenty,  of  over  one  hundred  and  fifty  thousand;  in  a  city  school 
district  in  a  city  of  the  third  class  adjoining  a  city  of  the  first  class 
containing  a  population  of  less  than  one  million;  and  in  cities  of 
the  second  and  third  classes  in  a  county  adjoining  a  city  having  a 
population  of  over  one  million,  which  county  has  a  population  of 
over  three  hundred  thousand,  five  hundred  and  fifty  dollars. 

(c)  In  other  cities  of  a  population  of  fifty  thousand  or  more 
and  in  union  free  school  districts  wholly  situated  within  such  cities, 
four  hundred  and  fifty  dollars. 

(d)  In  other  cities  of  a  population  of  less  than  fifty  thousand 
and  in  union  free  school  districts  authorized  by  law  to  have  super- 
intendents of  schools  three  hundred  and  fifty  dollars. 

(e)  In  other  union  free  school  districts  maintaining  academic 
departments,  three  hundred  and  fifty  dollars. 

(f )  In  each  other  school  district  employing  more  than  one  teacher, 
three  hundred  dollars. 

(g)  In  each  other  school  district  employing  but  one  teacher  and 
having  an  assessed  valuation  exceeding  one  hundred  thousand  dol- 
lars, two  hundred  dollars. 

(h)  In  each  other  school  district  employing  but  one  teacher  and 
having  an  assessed  valuation  of  one  hundred  thousand  dollars  or 
less,  two  hundred  dollars,  and  in  addition  thereto  the  sum  of  three 
dollars  for  each  entire  thousand  dollars  that  the  assessed  valuation 
of  such  district  is  less  than  one  hundred  thousand  dollars.  [Sub- 
division amended  by  L.  1921,  ch.  584,  in  effect  May  5,  1921.] 

2  The  additional  teachers'  quotas  herein  provided  for  shall  be 
apportioned  subject  to  the  following  conditions: 

(a)  The  schedules  and  schedule  conditions  required  by  article 
thirty-three-b  of  this  chapter,  as  hereby  amended,  shall  have  been 
duly  filed,  and  the  salaries  and  salary  increments  of  members  of 
the  teaching  and  supervising  staffs  of  city  and  union  free  school 
districts  shall  be  not  less  than  those  prescribed  in  such  article  and 
shall  be  fixed  as  therein  provided. 


EDUCATION    LAW  155 

(b)  There  shall  be  paid  to  each  teacher  in  a  city,  except  a  city 
of  the  first  class,  and  to  each  teacher  in  a  union  free  school  district 
on  account  of  whom  a  teacher's  quota  is  apportioned  as  herein  pro- 
vided, for  the  school  year  beginning-  August  first,  nineteen  hundred 
and  twenty,  an  amount  at  least  equal  to  the  quota  so  apportioned, 
in  excess  of  the  annual  salary  paid  to  such  teacher  in  such  city  or 
union  free  school  district  as  provided  in  schedules  or  contracts  in 
force  on  March  first,  nineteen  hundred  and  nineteen.  If,  for  suffi- 
cient cause  shown  to  the  satisfaction  of  the  commissioner  of  educa- 
tion, the  annual  salary  of  a  teacher  in  such  city  or  union  free  school 
district  shall  have  been  increased  in  an  amount  less  than  that  of 
such  teacher's  quota,  the  commissioner  may  apportion  to  such  city 
or  district  on  account  of  such  teacher  the  whole  or  a  portion  of 
such  quota. 

(c)  In  case  new  positions  are  created  and  additional  teachers 
are  employed,  or  teachers  are  employed  who  were  not  on  the  teaching 
staff  of  a  city  or  union  free  school  district  when  this  act  takes 
effect,  such  teachers  shall  receive  for  the  school  year  beginning 
August  first,  nineteen  hundred  and  twenty,  the  salaries  prescribed 
under  the  schedules  and  schedule  conditions  adopted  as  provided  in 
article  thirty-three-b  of  this  chapter,  as  hereby  amended,  and  in 
force  and  effect  on  and  after  August  first,  nineteen  hundred  and 
twenty. 

(d)  The  additional  teachers'  quotas  apportioned  as  herein  pro- 
vided shall  be  bas^d  on  the  number  of  teachers  employed  in  each 
city,  union  free  and  common  school  district  for  the  school  year 
preceding  the  time  when  such  apportionment  is  made. 

(e)  The  commissioner  of  education  may  in  his  discretion  with- 
hold from  a  city  or  union  free  school  district  the  whole  or  a  portion 
of  a  teacher's  quota  to  be  apportioned  as  herein  provided,  for  a 
failure  on  the  part  of  a  board  of  education  to  comply  with  the 
provisions  of  article  thirty-three-b  of  this  chapter,  as  amended,  or 
with  the  provisions  of  this  section,  or  for  a  refusal  or  failure  to 
place  such  teacher  in  a  position  in  the  schedule  or  under  such 
schedule  conditions  to  which  she  is  justly  entitled. 

3  The  trustees  or  board  of  education  in  each  school  district, 
except  a  city  school  district,  and  a  union  free  school  district  in 
which  schedules  of  compensation  or  salaries  are  required  to  be 
filed  as  provided  in  article  thirty-three-b  of  this  chapter,  shall  pay 
to  each  teacher  employed  in  such  district  a  compensation  or  a  salary 
which  shall  be  not  less  than  at  the  rate  of  eight  hundred  dollars 
for  a  school  year  of  forty  weeks.     Such  minimum  compensation  or 


156  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

salary  shall  become  effective  for  the  school  year  beginning  August 
first,  nineteen  hundred  and  twenty,  and  continue  annually  there- 
after. [Subdivision  3  as  amended  by  L.  1922,  ch.  20,  in  effect 
February  15,  1922.] 

4  The  apportionments  of  additional  teachers'  quotas  provided  for 
in  this  section  are  for  the  purpose  of  aiding  city,  union  free  and 
common  school  districts  in  paying  the  increased  salaries  of  teachers 
as  herein  provided,  and  the  sums  so  apportioned  to  such  city,  union 
free  and  common  school  districts  shall  be  applied  for  such  pur- 
pose and  such  sums  shall  not  in  any  case  be  placed  in  the  city 
treasury  of  any  city  to  the  credit  of  the  general  fund  of  such  city 
for  the  reduction  of  taxation  therein,  notwithstanding  any  provision 
to  the  contrary  contained  in  the  charter  of  such  city  or  in  any  act 
relating  to  such  city  or  in  any  general,  special  or  local  act.  [Added 
by  L.  1919,  ch.  645,  and  amended  by  L.  1920,  ch.  680,  in  effect 
May  10,  1920.  The  sum  of  $22,550,000  was  appropriated  by  the 
legislature  to  carry  out  the  provisions  of  ch.  680  of  L.  1920.] 

§  492  Conditions  under  which  cities  and  districts  are  entitled 
to  an  apportionment  from  the  appropriation  for  the  support  of 
common  schools.  1  The  commissioner  of  education  shall  make 
no  allotment  of  a  supervision  quota  to  any  city  or  district  unless 
satisfied  that  such  city  or  district  employs  a  competent  superin- 
tendent whose  time  is  exclusively  devoted  to  the  supervision  of  the 
public  schools  of  such  city  or  district;  nor  shall  he  make  any  allot- 
ment to  any  district  in  the  first  instance  without  first  causing  an 
enumeration  of  the  inhabitants  to  be  made  which  shall  show  the 
population  thereof  to  be  at  least  four  thousand  five  hundred,  the 
expense  of  such  enumeration,  as  certified  by  said  commissioner, 
shall  be  paid  by  the  district  in  whose  interest  it  is  made.  The  popu- 
lation shown  by  the  last  state  or  federal  census  or  village  enumera- 
tion may  be  accepted  by  said  commissioner  whenever  the  village  and 
school  district  boundaries  coincide.  [Subdivision  1  amended  by 
L.  1920,  ch.  141,  in  effect  July  1,  1920.] 

2  No  district  shall  be  entitled  to  any  portion  of  such  school 
moneys  on  such  apportionment  unless  the  report  of  the  trustees 
for  the  preceding  school  year  shall  show  that  a  common  school 
was  supported  in  the  district  and  taught  by  a  qualified  teacher  or 
by  successive  qualified  teachers  for  at  least  one  hundred  and  eighty 
days,  inclusive  of  legal  holidays  that  may  have  occurred  during 
the  term  of  said  school  and  exclusive  of  Saturdays.  [Subdivision 
2  amended  by  L.  1913,  ch.  511.] 

3  No  Saturday  shall  be  counted  as  part  of  said  one  hundred  and 


EDUCATION    LAW  157 

eighty  days  of  school  and  no  school  shall  be  in  session  on  a  legal 
holiday,  except  general  election  day,  Washington's  birthday  and 
Lincoln's  birthday.  A  deficiency  not  exceeding  six  days  during  any 
school  year  caused  by  a  teacher's  attendance  upon  teachers  confer- 
ences held  by  district  superintendents  of  schools  within  a  county, 
shall  be  excused  by  the  Commissioner  of  Education.  In  common 
school  districts  the  term  of  school  shall  begin  each  year  on  the  first 
Tuesday  of  September.  [Former  subdivision  4;  renumbered  sub- 
division 3  and  amended  by  L.  1913,  ch.  511. \ 

§  493  Apportionment  of  moneys  appropriated  to  cities,  aca- 
demies, academic  departments  and  school  libraries.  The  com- 
missioner of  education  shall  apportion  the  money  annually  appro- 
priated for  the  support  of  cities,  academies,  academic  departments 
and  school  libraries  in  accordance  with  regulations  established  or 
to  be  established  by  him  as  follows: 

1  To  each  city,  union  school  district  and  non-sectarian  academy 
two  hundred  dollars  for  each  year  of  academic  instruction  main- 
tained therein  up  to  and  including  the  fourth  year  of  high  school 
work.  This  apportionment  shall  be  known  as  the  academic  quota. 
[Subdivision  1  amended  by  L.  1920,  ch.  680,  in  effect  May  10, 1920.] 

2  To  each  non-sectarian  private  academy  an  allowance  equal  to 
the  amount  raised  from  local  sources  but  not  to  exceed  two  hun- 
dred fifty  dollars  annually  for  approved  books,  reproductions  of 
standard  works  of  art,  and  apparatus.  [^Subdivision  2  amended 
by  L.  1914,  ch.  216.] 

3  To  each  city  an  allowance  equal  to  the  amount  raised  from 
local  sources  but  not  to  exceed  eighteen  dollars  and  two  dollars 
additional  for  each  duly  licensed  teacher  employed  therein  for  the 
legal  term,  and  two  hundred  fifty  dollars  for  each  academic  depart- 
ment maintained  by  it  for  approved  books,  reproductions  of  standard 
works  of  art  and  apparatus.  [Subdivision  3  amended  by  L.  1914, 
ch.  216.] 

4  To  each  union  free  school  district  maintaining  an  academic 
department  an  allowance  equal  to  the  amount  raised  from  local 
sources,  but  not  to  exceed  two  hundred  sixty-eight  dollars  annually 
and  two  dollars  additional  for  each  teacher  employed  in  said  dis- 
trict for  the  legal  term  for  approved  books,  reproductions  of 
standard  works  of  art  and  apparatus.  [Subdivision  4  amended  by 
L.  1914,  ch.  216.] 

5  To  all  other  school  districts  an  allowance  equal  to  the  amount 
raised  from  local  sources  but  not  to  exceed  eighteen  dollars  annu- 
ally  and    two    dollars    additional    for    each    duly    licensed   teacher 


158  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

employed  in  said  district  for  the  legal  term  for  approved  books, 
reproductions  of  standard  works  of  art,  geographical  maps,  a  globe 
and  school  apparatus.  [Subdivision  5  amended  by  L.  1914,  ch,  216.] 
6  To  each  city  and  union  free  school  district  maintaining  an 
academic  department,  fifty  dollars  per  year  for  at  least  thirty-six 
weeks'  instruction  or  a  proportionate  amount  if  for  eight  weeks  or 
more  for  each  nonresident  academic  pupil  attending  the  academic 
department  of  such  school  from  districts  not  maintaining  such  aca- 
demic departments,  and  no  charge  for  the  instruction  of  such  non- 
resident pupil  in  excess  of  the  quota  herein  provided  shall  be  made 
by  any  district  or  city  maintaining  an  academic  department  unless 
it  shall  appear  to  the  satisfaction  of  the  Commissioner  that  the  tax 
rate  for  school  purposes  of  the  city  or  district  receiving  the  non- 
resident academic  pupil  is  equal  to  or  in  excess  of  the  tax  rate  for 
school  purposes  of  that  district  from  which  such  nonresident  pupil 
comes;  or  that  the  instruction  of  such  nonresident  pupil  adds  to 
the  total  cost  of  instruction  of  academic  pupils  in  such  city  or  union 
free  school  district  a  sum  in  excess  of  the  quota  herein  provided. 
Pupils  residing  in  districts  not  maintaining  a  four-year  curriculum 
may  be  included  in  this  apportionment  after  having  completed  the 
course  of  study  prescribed  for  the  school  in  the  district  in  which 
they  reside.  The  tuition  charged,  if  any,  in  excess  of  the  aforesaid 
state  tuition  is  hereby  declared  a  charge  upon  the  district  from  which 
such  nonresident  pupil  attends,  subject,  however,  to  the  right  of 
such  district  to  designate  the  academic  school  or  schools  where 
instruction  shall  be  given  at  the  district's  expense.  Such  desig- 
nation shall  be  made  by  each  school  district  at  the  annual  meeting 
of  such  district.  Such  designation  may  be  reviewed  upon  appeal 
to  the  Commissioner  of  Education  in  the  event  the  parent  or 
guardian  of  such  pupils  deem  themselves  aggrieved  thereby.  In 
case  any  school  district  shall  fail  to  make  such  designation  at  the 
annual  school  meeting,  the  district  superintendent  of  schools  in  the 
supervisory  district  in  which  such  district  is  located  may  make  such 
designation  subject  to  review  on  appeal  by  the  Commissioner  of 
Education.  City  and  union  free  school  districts  shall  not  refuse 
to  receive  nonresident  academic  pupils  for  instruction  without  valid 
and  sufficient  reasons  therefor,  nor  shall  excessive  sums  be  charged 
for  the  instruction  of  such  pupils.  All  acts  of  the  board  of  educa- 
tion or  other  district  officers  relating  to  such  pupils  and  the  tuition 
charged  for  their  instruction  are  hereby  declared  subject  to  review 
by  the  Commissioner  of  Education.  Where  a  district  is  so  situated 
that  its  academic  pupils  can  be  more  conveniently  instructed  in  the 


EDUCATION    LAW  159 

academic  department  of  a  school  located  in  another  state,  the  Com- 
missioner of  Education  is  hereby  authorized  to  make  the  same 
apportionment  to  such  district,  annually,  to  be  applied  in  payment 
of  the  tuition  of  each  such  academic  pupil  so  instructed  outside  the 
State,  as  he  shall  be  authorized  by  law  to  make  for  the  instruction 
of  academic  pupils  within  the  State,  and  upon  the  same  conditions. 
[Subdivision  6  amended  by  L.  1912,  ch.  276;  L.  1913,  ch.  399 ; 
L.  1915,  ch.  214;  L.  1919,  ch.  368;  L.  1920,  ch.  680;  and  by  L.  1921, 
ch.  383,  in  effect  August  1,  1921.] 

6-a  To  each  city  and  union  free  school  district  maintaining  an 
academic  department  an  apportionment  shall  be  made  for  the 
instruction  of  each  nonresident  pupil  attending  such  academic 
department  from  military  reservations  located  within  the  boundaries 
of  the  State  of  New  York  but  under  the  jurisdiction  of  the  United 
States  in  the  same  amount  and  upon  the  same  conditions  as  specified 
in  subdivision  six  of  this  section.  [Subdivision  6-a  added  by  L. 
1920,  ch.  501,  in  effect  May  4,  1920.] 

7  After  the  payment  of  the  allowances  herein  provided  for,  the 
balance  shall  be  divided  among  the  several  academies  maintaining 
academic  departments,  other  than  high  schools  and  academic  depart- 
ments maintained  by  cities  and  union  free  school  districts,  on  the 
basis   of    aggregate   days'    attendance   of    academic   pupils    therein. 

[Subdivision  7  amended  by  L.  1921,  ch.  208,  in  effect  April  20,. 
1921.] 

8  The  Commissioner  shall  set  aside  at  the  beginning  of  the  fiscal 
year  a  sum  which  in  his  opinion  will  be  sufficient  to  pay  the  allow- 
ances for  books  and  apparatus  herein  provided  before  making  the 
other  apportionments  as  directed  by  this  article.  The  allowances 
for  books  and  apparatus  shall  be  apportioned  and  paid  as  often 
during  each  year  as  the  Commissioner  may  determine.  All  other 
apportionments  above  provided  for  shall  be  made  so  far  as  possible 
during  the  month  of  October  each  year  on  the  basis  of  the  reports 
of  the  previous  year. 

9  To  entitle  a  city,  academy,  academic  department  or  school 
library  to  an  apportionment  from  this  fund  the  school  authorities 
having  control  must  render  a  satisfactory  report  for  the  preceding 
year  to  the  Commissioner  of  Education  before  the  twentieth  day  of 
September  in  each  year  unless  such  neglect  is  excused  by  the  Com- 
missioner for  sufficient  reason.  They  must  also  have  complied  with 
all  Regents'  laws  and  ordinances  during  the  preceding  academic  year. 

§  494  Manner  of  certifying  and  paying  apportionment  pro- 
vided for  in  preceding  section.      Payment  from  this  fund  shall 


160  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

be  made  to  the  county  treasurer  of  each  county  for  all  schools 
located  in  such  county,  by  the  State  Treasurer  on  the  warrant  of 
the  Comptroller  or  the  certificate  of  the  Commissioner  of  Educa- 
tion. The  Commissioner  of  Education  immediately  after  making 
an  apportionment  shall  certify,  or  cause  to  be  certified,  to  the  county 
treasurer  of  every  county  included  in  such  apportionment,  excepting 
those  counties  included  within  the  territory  of  the  city  of  New 
York,  with  respect  to  his  county,  the  name  of  each  academy, 
the  number  of  each  school  district  and  the  town  in  which  it  is  situ- 
ated and  the  name  of  each  city  to  which  money  has  been  allotted 
and  the  amount  allotted  to  each.  The  county  treasurer  shall,  upon 
the  receipt  of  such  certificate  and  payment  from  the  State  Treas- 
urer, pay  to  the  treasurer,  if  there  be  one,  otherwise  to  the  dis- 
bursing officer  or  collector  of  each  school  district,  academy  and  city 
named  in  the  certificate  of  the  Commissioner  of  Education,  the 
amount  to  which  said  district,  academy  or  city  is  entitled  as  shown 
by  such  certificate.  Any  apportionment  which  shall  be  made  to  the 
city  of  New  York  shall  be  certified  and  paid  to  the  chamberlain 
of  the  city  of  New  York,  and  any  apportionment  which  shall  be 
made  to  any  private  academy  situated  within  the  territory  of  the 
city  of  New  York,  shall  be  certified  and  paid  directly  to  the  dis- 
bursing officer  of  the  academy  to  which  the  apportionment  is  made. 
[Amended  by  L.  1912,  ch.  77.] 

§  495  County  treasurers  to  render  annual  report.  The  county 
treasurers  of  the  State  shall,  upon  the  first  day  of  October  of  each 
year  and  at  such  other  times  as  the  Commissioner  of  Education 
may  require,  make  a  report  for  the  preceding  year  to  the  Commis- 
sioner of  Education,  showing  the  amount  of  money  received  by 
them  from  this  fund  and  the  school  districts,  cities  or  academies 
to  which  such  money  has  been  paid  and  the  amount  paid  to  each, 
and  the  amount,  if  any,  remaining  in  their  hands  unclaimed  by  any 
school  district,  city  or  academy  together  with  any  other  fact  relative 
to  the  disbursement  of  this  fund  which  said  Commissioner  may 
require. 

§  496  Certificate  of  apportionment  by  Commissioner  of 
Education.  As  soon  as  possible  after  the  making  of  any  annual 
or  general  apportionment,  the  Commissioner  of  Education  shall 
certify  it,  or  cause  it  to  be  certified,  to  the  county  clerk,  county 
treasurer,  district  superintendents,  and  city  treasurer  or  chamber- 
lain, in  every  county  in  the  State ;  and  if  it  be  a  supplemental  appor- 
tionment, then  to  the  county   clerk,   county  treasurer   and   district 


EDUCATION    LAW  161 

superintendents  of  the  county  in  which  the  schoolhouse  of  the  dis- 
trict concerned  is  situated.      [Amended  by  L.  1912,  ch.  77.] 

§  497  Moneys  apportioned,  when  and  how  payable.  At  least 
one-half  of  the  moneys  so  annually  apportioned  by  the  Commis- 
sioner of  Education  shall  be  payable  on  or  before  the  first  day  of 
March  and  the  remaining  part  of  such  moneys  on  or  before  the 
fifteenth  day  of  May,  in  each  year,  next  after  such  apportionment, 
to  the  treasurers  of  the  several  counties  and  the  chamberlain  of  the 
city  of  New  York,  respectively;  and  the  said  treasurers  and  the 
chamberlain  shall  apply  for  and  receive  the  same  as  soon  as  pay- 
able. The  county  treasurer  shall  pay  to  the  city  treasurer  of  each 
city  and  the  treasurer  of  each  union  free  school  district  having  a 
population  of  five  thousand  or  more  inhabitants  and  in  which  a 
superintendent  of  schools  has  been  appointed,  situated  within  his 
county,  all  school  moneys  apportioned  to  such  city  or  district  as 
provided  by  sections  491,  492  and  604  of  this  chapter.  [Amended 
by  Z.  1914,  ch.  52.] 

§  498  Apportionment  of  school  moneys  by  district  superin- 
tendents. The  district  superintendent  of  schools  shall,  on  or 
before  the  fifteenth  day  of  February  in  each  year,  apportion  the 
supervision,  district  and  teachers'  quotas  to  the  several  districts 
entitled  thereto,  within  his  supervisory  district,  as  shown  by  the  cer- 
tificate of  the  Commissioner  of  Education  to  the  said  district  superin- 
tendent. He  shall  procure  from  the  supervisors  of  the  towns  in 
his  district  a  transcript  showing  the  unexpended  moneys  in  their 
hands  applicable  to  the  payment  of  teachers'  salaries.  The  amounts 
in  each  supervisor's  hands  shall  be  charged  as  a  partial  paym.ent 
of  the  sums  apportioned  to  the  town  teachers'  salaries. 

He  shall  procure  from  the  county  treasurer  a  full  list  and  state- 
ment of  all  payments  to  him  of  moneys  for  or  on  account  of  fines 
and  penalties,  or  accruing  from  any  other  source,  for  the  benefit 
of  schools  and  of  the  towns  or  districts  for  whose  benefit  the  same 
were  received.  Such  of  said  moneys  as  belong  to  a  particular  dis- 
trict, he  shall  set  apart  and  credit  to  it;  and  such  as  belong  to  the 
schools  of  a  town  he  shall  set  apart  and  credit  to  the  schools  in  that 
town,  and  shall  apportion  them  together  with  such  as  belong  to  the 
schools  of  the  county  as  hereinafter  provided  for  the  payment  of 
teachers'  salaries. 

He  shall  sign,  in  duplicate,  a  certificate,  showing  the  amounts 
apportioned  and  set  apart  to  each  school  district  and  part  of  a  dis- 
trict, and  the  towns  in  which  they  were  situated,  and  shall  forth- 
with deliver  one  of  said  duplicates  to  the  treasurer  of  the  county 
and  transmit  the  other  to  the  Commissioner  of  Education. 


162  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

He  shall  certify  to  the  supervisor  of  each  town,  in  his  supervisory 
district  the  amount  of  school  moneys  apportioned  to  each  district 
or  part  of  a  district  of  his  town  for  teachers'  wages.  [Amended 
by  L.  1913,  ch.  130.] 

§  499  Duty  of  and  payment  to  supervisor.  On  receiving  the 
certificate  of  the  school  commissioners,  each  supervisor  shall  forth- 
with make  a  copy  thereof  for  his  own  use,  and  deposit  the  original 
in  the  office  of  the  clerk  of  his  town ;  and  the  moneys  so  apportioned 
to  his  town  shall  be  paid  to  him  immediately  on  his  compliance  with 
the  requirements  of  section  363  of  this  chapter. 

§  500  Power  of  Comptroller  to  withhold  payment  of  school 
moneys.  The  Comptroller  may  withhold  the  payment  of  any 
moneys  to  which  any  county  may  be  entitled  from  the  appropriation 
of  the  incomes  of  the  school  fund  and  the  United  States  deposit 
fund  for  the  support  of  common  schools,  until  satisfactory  evidence 
shall  be  furnished  to  him  that  all  moneys  required  by  law  to  be 
raised  by  taxation  upon  such  county,  for  the  support  of  schools 
throughout  the  State,  have  been  collected  and  paid  or  accounted  for 
to  the  State  Treasurer. 

§  501  Union  free  school  district  and  city,  a  school  district. 
Every  union  free  school  district  and  every  city  having  an  organized 
city  system  of  schools  shall,  for  all  the  purposes  of  the  apportion- 
ment, distribution,  payment  and  withholding  of  school  moneys,  be 
regarded  and  recognized  as  a  school  district. 

§  502  Apportionment  for  support  of  training  classes.  The 
Commissioner  of  Education  shall  apportion  the  money  annually 
appropriated  for  the  support  of  training  of  teachers  as  follows : 

1  To  each  academy  and  union  free  school  district  which  has 
maintained  a  training  class  in  accordance  with  the  provisions  of 
article  thirty-one  of  this  chapter  and  with  the  regulations  prescribed 
by  the  Commissioner  of  Education,  the  sum  of  seven  hundred  dol- 
lars. The  Commissioner  of  Education  may  in  his  discretion  make 
an  allowance  to  each  academy  and  union  free  school  district  in  such 
amount  as  he  may  deem  advisable,  not  greater  than  the  amount 
herein  prescribed,  notwithstanding  the  failure  or  default  of  such 
academy  or  union  free  school  district  in  maintaining  such  training 
class  with  the  number  of  members  required  and  for  the  term  pre- 
scribed by  section  791  of  this  chapter.  [Subdivision  1  amended 
by  L.  1920,  ch.  56,  in  effect  March  23,  1920.] 

2  The  balance  of  the  money  appropriated  for  such  purpose  shall 
be  apportioned  to  the  cities  of  the  State  which  maintain  training 
schools  in  accordance  with  the  provisions   of   articles  twenty  and 


EDUCATION    LAW  163 

thirty-one  of  this  chapter  and  with  the  regulations  prescribed  by 
the  Commissioner  of  Education,  ratably  according  to  the  aggregate 
attendance  of  the  pupils  regularly  admitted  to  such  training  schools. 


ARTICLE  19 

Trusts  for  Schools;  Gospel  and  School  Lots 

Section  520  Property  to  be  held  in  trust  for  common  schools 

521  Control  and  supervision  of  trusts  for  common  schools 

522  Report  of  trusts  to  Commissioner  of  Education 

523  Report  of  supervisor  regarding  gospel  or  school  lots 

524  Apportionment  of  gospel  funds 

525  Authorization  of  apportionment  of  gospel  funds 

526  Payment  of  apportionment  of   gospel   funds 

527  Bond  required  of  collector  or  treasurer 

528  Application  of  moneys 

§  520  Property  to  be  held  in  tru§t  for  common  schools.  Real 
and  personal  estate  may  be  granted,  conveyed,  devised,  bequeathed 
and  given  in  trust  and  in  perpetuity  or  otherwise,  to  the  State,  or 
to  the  Regents  or  to  the  Commissioner  of  Education  for  the  support 
or  benefit  of  the  common  schools,  within  the  State,  or  within  any 
part  or  portion  of  it,  or  of  any  particular  common  schools  within 
it;  and  to  any  county,  or  the  school  commissioners  of  any  county, 
or  to  any  city  or  any  board  of  officers  thereof,  or  to  any  school 
commissioner  district  or  its  commissioner,  or  to  any  town,  or  super- 
visor of  a  town,  or  to  any  school  district  or  its  trustees,  for  the 
support  and  benefit  of  common  schools  within  such  county,  city, 
school  commissioner  district,  town  or  school  district,  or  within  any 
part  or  portion  thereof  respectively,  or  for  the  support  and  benefit 
of  any  particular  common  schools  therein.  No  such  grant,  convey- 
ance, devise  or  bequest  shall  be  held  void  for  the  want  of  a  named 
or  competent  trustee  or  donee,  but  where  no  trustee  or  donee,  or 
an  incompetent  one  is  named,  the  title  and  trust  shall  vest  in  the 
people  of  the  State,  subject  to  its  acceptance  by  the  Legislature,  but 
such  acceptance  shall  be  presumed. 

§  521  Control  and  supervision  of  trusts  for  common  schools. 
The  Legislature  may  control  and  regulate  the  execution  of  all  such 
trusts ;  and  the  Commissioner  of  Education  shall  supervise  and 
advise  the  trustees,  and  hold  them  to  a  regular  accounting  for  the 
trust  property  and  its  income  and  interest  at  such  times,  in  such 
forms,  and  with  such  authentications,  as  he  shall,  from  time  to 
time,  prescribe. 


164  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

§  522  Report  of  trusts  to  Commissioner  of  Education.  The 
common  council  of  every  city,  the  board  of  supervisors  of  every 
county,  the  trustees  of  every  village,  the  supervisor  of  every  town, 
the  trustees  of  every  school  district,  and  every  other  officer  or 
person  who  shall  be  thereto  required  by  the  Commissioner  of  Edu- 
cation shall  report  to  him  whether  any,  and  if  any,  what  trusts  are 
held  by  them  respectively,  or  by  any  other  body,  officer  or  person 
to  their  information  or  belief  for  school  purposes,  and  shall  trans- 
mit, therewith,  an  authenticated  copy  of  every  will,  conveyance, 
instrument  or  paper  embodying  or  creating  the  trust;  and  shall,  in 
like  manner,  forthwith  report  to  him  the  creation  and  terms  of 
every  such  trust  subsequently  created.  ■ 

§  523  Report  of  supervisor  regarding  gospel  or  school  lots. ' 
Every  supervisor  of  a  town  shall  report  to  the  Commissioner  of 
Education  whether  there  be,  within  the  town,  any  gospel  or  school 
lot,  and,  if  any,  shall  describe  the  same,  and  state  to  what  use,  if 
any,  it  is  put  by  the  town;  and  whether  it  be  leased,  and,  if  so,  to 
whom,  for  what  term  and  upon  what  rents;  and  whether  the  town 
holds  or  is  entitled  to  any  land,  moneys  or  securities  arising  from 
any  sale  of  such  gospel  or  school  lot,  and  the  investment  of  the 
proceeds  thereof,  or  of  the  rents  and  income  of  such  lots  and  invest- 
ments, and  shall  report  a  full  statement  and  account  of  such  lands, 
moneys  and  securities. 

§  524  Apportionment  of  gospel  funds.  It  shall  be  lawful  for 
the  supervisor  of  any  town  having  money  arising  from  the  sale  of 
gospel  lands,  and  known  as  gospel  funds,  to  apportion  such  funds 
among  the  several  school  districts  of  his  respective  town  as  herein- 
after provided. 

§  525  Authorization  of  apportionment  of  gospel  funds.  1  The 
town  board  of  any  town  having  a  gospel  fund  of  five  hundred 
dollars  or  less  may  authorize  the  supervisor  of  the  town  to  appor- 
tion such  fund  among  the  several  school  districts  of  the  town. 

2  The  voters  of  any  town  having  a  gospel  fund  of  more  than 
five  hundred  dollars  may  at  any  regular  or  special  town  meeting 
authorize  the  supervisor  of  the  town  to  apportion  such  fund  among 
the  several  school  districts  of  the  town. 

§  526  Payment  of  apportionment  of  gospel  funds.  When 
such  apportionment  is  authorized  the  supervisor  shall  pay  to  the 
collector,  or  if  the  district  has  a  treasurer  to  the  treasurer,  of  the 
several  school  districts  of  his  town  its  pro  rata  share  according  to 
the  aggregate  school  attendance  of  each  school  district  in  the  pre- 
ceding year. 


EDUCATION    LAW  165 

§  527  Bond  required  o£  collector  or  treasurer.  The  collector 
or  the  treasurer  if  the  district  has  a  treasurer,  of  each  of  such 
school  districts  shall  execute  and  file  with  the  supervisor  of  such 
town  a  bond  of  twice  the  amount  of  such  apportionment  with 
sufficient  sureties,  to  be  approved  by  such  supervisor. 

§  528  Application  of  moneys.  Such  moneys  shall  be  held  by 
such  collector  or  treasurer  and  paid  upon  the  written  order  of  the 
trustee  of  the  district  for  such  purposes  as  the  annual  or  a  special 
meeting  of  the  district  shall  direct. 


ARTICLE  20 

Teachers  and  Pupils 

Section  550    Qualification  of  teachers 

551  Minimum   qualifications    of    teachers    in   primary   and   grammar 

schools 

552  Regulations  governing  certification  of  teachers 

553  Commissioner  of  Education  to  issue  certificates 

554  Indorsement  of  foreign  certificates  and  diplomas 

555  Certification  of  teachers  by  local  authorities 
555-a  Additional  qualifications  of  teachers 

556  Revocation  of  certificate  by  school  commissioner 

557  Unqualified  teachers  shall  not  be  paid  from  school  moneys 

558  Penalty  for  payment  of  unqualified  teacher 

559  Teachers  responsible  for  record  books 

560  Verification  of   school  register 

561  Contract  with  teacher 

562  Penalty  for  teacher's  failure  to  complete  contract 

563  Contract  when  teacher  is  related  to  trustee  or  member  of  board 

564  Individual  liability  of  trustee 

565  Dismissal  of  teacher 

566  Teacher's  salary  payable  as  often  as  monthly 

567  Common  schools  free  to  resident  pupils;  tuition  from  nonresident 

pupils 

568  Removal  of  superintendents,  teachers  and  employees  for  treason- 

able or  seditious  acts  or  utterances 

§  550  Qualifications  of  teachers.  No  person  shall  be  employed 
or  authorized  to  teach  in  the  public  schools  of  the  State  who  is : 

1  Under  the  age  of  eighteen  years. 

2  Not  in  possession  of  a  teacher's  certifiicate  issued  under  the 
authority  of  this  chapter  or  a  diploma  issued  on  the  completion  of 
a  course  in  a  state  normal  school  of  this  State  or  in  the  state  normal 
college. 

3  Not  a  citizen.    The  provisions  of  this  subdivision  shall  not 


166  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

apply,  however,  to  an  alien  teacher  now  or  hereafter  employed, 
provided  such  teacher  shall  make  due  application  to  become  a  citizen 
and  thereafter  within  the  time  prescribed  by  law  shall  become  a 
citizen.  [Amended  by  L.  1918,  ch.  158;  L.  1919,  ch.  120;  and 
L.  1922,  ch.  315,  in  effect  March  28,  1922.] 

§  551  Minimum  qualifications  of  teachers  in  primary  and 
grammar  schools.  No  person  shall  hereafter  be  employed  or 
licensed  to  teach  in  the  primary  and  grammar  schools  of  any  city 
or  school  district  authorized  by  law  to  employ  a  superintendent  of 
schools  who  has  not  had  successful  experience  in  teaching  for  at 
least  three  years,  or  in  lieu  thereof  has  not  completed: 

1  A  course  in  one  of  the  state  normal  schools  of  this  State  or 
in  any  approved  college,  prescribed  by  the  Commissioner  of  Educa- 
tion. [Subdivision  1  amended  by  L.  1920,  ch.  155,  in  effect  April  5, 
1920.] 

2  An  examination  for  and  received  a  life  state  certificate  issued 
in  this  state  by  a  superintendent  of  public  instruction  or  the  com- 
missioner of  education. 

3  A  course  of  study  in  a  high  school  or  academy  of  not  less 
than  three  years  approved  by  the  Commissioner  of  Education  or 
from  some  institution  of  learning  of  equal  or  higher  rank  approved 
by  the  same  authority,  and  who  subsequently  to  the  completion  of 
such  course  has  not  graduated  from  a  school  for  the  professional 
training  of  teachers  having  a  course  of  not  less  than  two  years 
approved  by  the  Commissioner  of  Education  or  its  equivalent. 

§  552  Regulations  governing  certification  of  teachers.  The 
Commissioner  of  Education  shall  prescribe,  subject  to  approval  by 
the  Regents,  regulations  governing  the  examination  and  certification 
of  teachers  employed  in  all  public  schools  of  the  State. 

§  553  Commissioner  of  Education  to  issue  certificates.  The 
Commissioner  of  Education  may  issue: 

1  A  life  state  certificate  upon  examinations  only  which  shall 
entitle  its  holder  to  teach  for  life  in  the  public  schools  of  the  State 
without  further  examination. 

2  Such  other  certificates  as  Regents  general  rules  shall  prescribe. 

3  A  temporary  license  limited  to  a  school  district,  school  com- 
missioner district  or  city  for  a  period  not  to  exceed  one  year. 

§  554  Indorsement  of  foreign  certificates  and  diplomas.  The 
Commissioner  of  Education  may  in  his  discretion  indorse: 

1  A  diploma  issued  by  a  normal  school  of  another  state. 

2  A  certificate  issued  by  the  chief  educational  officer  or  state 
board  of  another  state. 


EDUCATION    LAW  167 

Such  indorsement  confers  on  the  holder  of  such  diploma  or  cer- 
tificate the  privileges  conferred  by  law  on  the  holder  of  a  normal 
school  diploma  or  state  certificate  issued  in  this  State. 

§  555  Certification  of  teachers  by  local  authorities.  A  school 
commissioner,  a  city  superintendent  of  schools  or  such  other  author- 
ity of  a  city  as  may  be  designated  by  a  special  act  or  the  city  charter 
may  issue  such  certificate  as  may  be  authorized  by  the  Regents 
general  rules  or  by  such  special  act  or  city  charter. 

§  555-a  Additional  qualifications  of  teachers.  1  In  addition 
to  the  requirements  for  teachers  and  certification  prescribed  as  pro- 
vided in  this  article,  each  teacher  employed  in  the  public  schools  of 
each  city,  union  free  and  common  school  district  in  the  State  shall 
obtain  a  certificate  of  qualifications  from  the  Commissioner  of  Edu- 
cation as  herein  provided.  Such  certificate  shall  state  that  the 
teacher  holding  the  same  is  a  person  of  good  moral  character  and 
that  he  has  shown  satisfactorily  that  he  is  loyal  and  obedient  to 
the  government  of  this  State  and  of  the  United  States;  no  such 
certificate  shall  be  issued  to  any  person  who,  while  a  citizen  of  the 
United  States,  has  advocated,  either  by  word  of  mouth  or  in  writing, 
a  form  of  government  other  than  the  government  of  the  United 
States  or  of  this  State,  or  who  advocates  or  has  advocated,  either 
by  word  of  mouth  or  in  writing,  a  change  in  the  form  of  govern- 
ment of  the  United  States  or  of  this  State,  by  force,  violence  or  any 
unlawful  means. 

2  No  certificate  shall  be  issued  by  the  Commissioner  of  Educa- 
tion or  by  school  authorities  under  any  other  provision  of  this 
article  until  the  applicant  therefor  shall  have  been  eij^amined  and  a 
certificate  of  qualifications  issued  as  provided  in  this .  section. 

3  No  teacher  shall  be  employed  in  the  public  schools  of  the  city, 
union  free  and  common  school  districts  of  this  State  on  and  after 
January  first,  nineteen  hundred  and  twenty-two,  without  having 
obtained  a  certificate  of  qualifications  as  provided  in  this  section. 

4  The  certificate  authorizing  a  person  to  teach  may  be  revoked 
by  the  Commissioner  of  Education  on  the  ground  that  such  person 
is  not  of  good  moral  character,  or  if  it  shall  appear  to  the  Com- 
missioner of  Education  that  such  person  has,  while  a  citizen  of  the 
United  States,  advocated,  either  by  word  of  mouth  or  in  writing, 
a  form  of  government  other  than  the  government  of  the  United 
States  or  of  this  State,  or  that  such  person  advocates  or  has  advo- 
cated, either  by  word  of  mouth  or  in  writing,  a  change  in  the  form 
of  government  of  the  United  States  or  of  this  State  by  force, 
violence  or  any  unlawful  means.      [Added  by  L.  1921,  ch.  666,  in 


168  THE   UNIVERSITY   OF   THE   STATE   OF    NEW    YORK  Ji 

effect  May  9,  1921.  The  sum  of  $15,000  was  appropriated  by  the 
Legislature  to  carry  out  the  provisions  of  this  section.] 

§  556  Revocation  of  certificate  by  school  commissioner.  A 
school  commissioner  shall  examine  any  charge  affecting  the  moral 
character  of  any  teacher  within  his  district,  first  giving  such  teacher 
reasonable  notice  of  the  charge,  and  an  opportunity  to  defend  him- 
self therefrom;  and  if  he  find  the  charge  sustained,  he  shall  annul 
the  teacher's  certificate,  by  whomsoever  granted,  and  declare  him 
unfit  to  teach;  and  if  the  teacher  holds  a  certificate  of  the  Com- 
missioner of  Education  or  of  a  former  superintendent  of  public 
instruction  or  a  diploma  of  a  state  normal  school,  he  shall  notify 
the  Commissioner  of  Education  forthwith  of  such  annulment  and 
declaration. 

§  557  Unqualified  teachers  shall  not  be  paid  from  school 
moneys.  No  part  of  the  school  moneys  apportioned  to  a  district 
shall  be  applied  to  the  payment  of  the  salary  of  an  unqualified 
teacher,  nor  shall  his  salary,  or  any  part  thereof,  be  collected  by  a 
district  tax  except  as  provided  in  section  491  of  this  chapter. 

§  558  Penalty  for  payment  of  unqualified  teacher.  Any  trus- 
tee who  applies  or  directs,  or  consents  to  the  application  of  any 
district  money  to  the  payment  of  an  unqualified  teacher's  salary, 
thereby  commits  a  misdemeanor;  and  any  fine  imposed  upon  him 
therefor  shall  be  for  the  benefit  of  the  common  schools  of  the 
district. 

§  559  Teachers  responsible  for  record  books.  Teachers  shall 
keep,  prepare  and  enter  in  the  books  provided  for  that  purpose,  the 
school  lists  and  accounts  of  attendance  herein  mentioned,  and  shall 
be  responsible  for  their  safekeeping  and  delivery  to  the  clerk  of  the 
district  at  the  close  of  their  engagements  or  terms. 

§  560  Verification  of  school  register.  1  Each  teacher  shall, 
by  his  oath  or  affirmation,  verify  his  entries  in  the  school  register 
provided  by  the  Education  Department,  and  the  entries  shall  consti- 
tute the  school  lists  from  which  the  average  daily  attendance  shall 
be  determined.  Such  oath  or  affirmation  may  be  taken  by  the  district 
clerk  or  trustee,  but  without  charge. 

2  A  teacher  shall  not  be  entitled  to  his  salary  for  the  last  month 
of  a  term  until  he  shall  have  so  made  and  verified  such  entries  and 
the  trustees  shall  not  draw  on  the  supervisor,  collector  or  treasurer 
for  any  portion  of  his  salary  for  such  month  until  such  oath  or 
affirmation  shall  have  been  made. 

§  561  Contract  with  teacher.  1  All  trustees  of  school  districts 
Of  boards  of  education  who  shall  employ  any  teacher  to  teach  shall, 


EDUCATION    LAW  169 

at  the  time  of  such  employment,  make  and  deliver  to  such  teacher, 
or  cause  to  be  made  and  delivered,  a  contract  in  writing,  signed  by 
them,  or  by  some  person  duly  authorized  to  represent  them  in  the 
premises,  in  which  the  details  of  the  agreement  between  the  parties, 
and  particularly  the  length  of  the  term  of  employment,  the  amount 
of  compensation  and  the  time  when  such  compensation  shall  be  due 
iand  payable  shall  be  clearly  and  definitely  set  forth. 

2  No  contract  for  the  employment  of  a  teacher  in  a  district  having 
three  or  more  trustees  shall  be  made  for  more  than  one  year  in 
advance  or  for  a  shorter  time  than  ten  weeks  unless  for  the  purpose 
of  filling  out  an  unexpired  term  of  school. 

3  No  contract  for  the  employment  of  a  teacher  in  a  district 
having  a  sole  trustee  shall  be  made  to  extend  beyond  the  date  of 
the  expiration  of  the  term  of  office  of  such  trustee.  A  sole  trustee 
of  a  school  district  shall  have  full  power  and  authority  to  contract 
with  teachers  for  the  term  for  which  he  has  been  elected  any  time 
after  the  date  of  the  annual  meeting  at  which  such  trustee  was 
elected. 

4  Nor  shall  any  trustee  contract  with  any  teacher  whose  certifi- 
cate of  qualifications  shall  not  cover  a  period  at  least  as  long  as  that 
covered  by  the  contract  of  service.     [Amended  by  L.  1910,  ch.  442.] 

§  562  Penalty  for  teacher's  failure  to  complete  contract.  Any 
failure  on  the  part  of  a  teacher  to  complete  an  agreement  to  teach 
a  term  of  school  without  good  reason  therefor  shall  be  deemed 
sufficient  ground  for  the  revocation  of  the  teacher's  certificate. 

§  563  Contract  when  teacher  is  related  to  trustee  or  member 
of  board.  1  No  person  who  is  related  to  any  trustee  by  blood 
or  marriage  shall  be  employed  as  a  teacher,  except  with  the  approval 
of  two-thirds  of  the  voters  of  such  district  present  and  voting  upon 
the  question  at  an  annual  or  special  meeting  of  the  district. 

2  No  person  who  is  related  by  blood  or  marriage  to  any  member 
of  a  board  of  education  shall  be  employed  as  a  teacher  by  such 
board,  except  upon  the  consent  of  two-thirds  of  the  members  thereof 
to  be  determined  at  a  board  meeting  and  to  be  entered  upon  the 
proceedings  of  the  board. 

§  564  Individual  liability  of  trustee.  Any  person  employed 
in  disregard  of  section  561  or  of  section  563  shall  have  no  claim 
for  wages  against  the  district,  but  may  enforce  the  specific  con- 
tract made  against  the  trustees  or  board  of  education  consenting  to 
such  employment  as  individuals. 

§  565  Dismissal  of  teacher.  No  teacher  shall  be  removed 
during  a  term  of  employment  unless  for  neglect  of  duty,  incapacity 


170  THE    UNIVERSITY   OF   THE    STATE    OF    NEW    YORK 

to  teach,  immoral  conduct,  or  other  reason  which,  when  appealed 
to  the  Commissioner  of  Education,  shall  be  held  by  him  sufficient 
cause  for  such  dismissal. 

§  566  Teacher's  salary  payable  as  often  as  monthly.  The 
salary  of  any  teacher  employed  in  the  public  schools  of  this  State 
shall  be  due  and  payable  at  least  as  often  as  at  the  end  of  each 
calendar  month  of  the  term  of  employment. 

§  567  Common  schools  free  to  resident  pupils;  tuition  from 
nonresident  pupils.  1  A  person  over  five  and  under  twenty-one 
years  of  age  is  entitled  to  attend  the  public  schools  maintained  in 
the  district  or  city  in  which  such  person  resides  without  the  payment 
of  tuition. 

2  Nonresidents  of  a  district,  if  otherwise  competent,  may  be 
admitted  into  the  school  of  a  district  or  city,  upon  the  consent  of 
the  trustees,  or  the  board  of  education,  upon  terms  prescribed  by 
such  trustees  or  board. 

3  The  school  authorities  of  a  district  or  city  must  deduct  from 
the  tuition  of  a  nonresident  pupil  whose  parent  or  guardian  owns 
property  in  such  district  or  city  and  pays  a  tax  thereon  for  the 
support  of  the  schools  maintained  in  such  district  or  city  the  amount 
of  such  tax. 

§  568  Removal  of  superintendents,  teachers  and  employees 
for  treasonable  or  seditious  acts  or  utterances.  A  person  em- 
ployed as  superintendent  of  schools,  teacher  or  employee  in  the 
public  schools,  in  any  city  or  school  district  of  the  State,  shall  be 
removed  from  such  position  for  the  utterance  of  any  treasonable 
or  seditious  word  or  words  or  the  doing  of  any  treasonable  or 
seditious  act  or  acts  while  holding  such  position.  [Added  by  L. 
1917,  ch.  416,  in  effect  May  8,  1917.] 

Savings  Banks  in  Schools 

[Banking  Law  (L.  1914,  ch.  369)] 

§  279  Advertisements  of  unauthorized  savings  banks  and  the  use  of 
the  word  "  savings "  prohibited ;  exception  as  to  school  savings.    2  The 

principal  or  superintendent  of  any  school  in  the  State  of  New  York  or  any 
person  designated  for  that  purpose  by  the  board  of  education  or  other  school 
authority  under  which  such  school  shall  be,  or  the  superintendent  or  other 
designated  head  of  any  philanthropic  agency  incorporated  for  philanthropic 
purposes,  if  such  agency  be  so  authorized  by  certificate  of  the  superintendent 
of  banks,  may  collect  from  time  to  time  small  amounts  of  savings  from 
the  pupils  of  said  school,  or  from  the  children  or  persons  under  the  direction 
or  guidance  of  such  philanthropic  agency  and  deposit  the  same  on  the  day 
of    collection  in   some   savings   bank   in   the    State,   or,    in   villages   and   cities 


EDUCATION    LAW  171 

in  which  there  is  no  regularly  established  savings  bank  in  any  savings  and 
loan  association,  trust  company,  state  or  national  bank  located  in  the  State 
and  having  an  interest  department,  and  upon  the  subsequent  establishment 
of  a  savings  bank  in  such  village  or  city  the  deposit  of  such  moneys  or  the 
continuance  of  deposits  in  any  savings  and  loan  association,  trust  company, 
state  or  national  bank  previously  used  as  a  depository  of  school  savings 
shall  not  be  deemed  a  violation  of  the  provisions  of  this  section.  The  money 
so  collected  shall  be  placed  to  the  credit  of  the  respective  pupils,  children 
or  persons  from  whom  the  money  shall  be  collected,  or  if  the  amount  col- 
lected at  any  one  time  shall  be  deemed  insufficient  for  the  opening  of  indi- 
vidual accounts,  it  shall  be  deposited  in  the  names^  of  said  principal,  super- 
intendent or  head  of  such  philanthropic  agency  or  designated  person,  in  trust 
to  be  by  him  eventually  transferred  to  the  credit  of  the  respective  pupils, 
children  or  persons  to  whom  the  same  belongs.  In  the  meantime,  said  prin- 
cipal, superintendent  or  head  of  such  philanthropic  agency  or  designated 
person  shall  furnish  to  the  bank  a  list  giving  the  names,  signatures,  addresses, 
ages,  places  of  birth,  parents'  names  and  such  other  data  concerning  the 
respective  pupils,  children  or  persons  as  the  savings  bank  may  require,  and 
it  shall  be  lawful  to  use  the  words  "  system  of  school  savings  banks "  or 
"  school  savings  banks "  or  "  thrift  funds "  in  circulars,  reports  and  other 
printed  or  written  matter  used  in  connection  with  the  purposes  of  this 
section.  [L.  1914,  ch.  369,  amended  by  L.  1916,  ch.  90;  and  L.  1920,  ch.  128, 
in  effect  March  30,  1920.] 


ARTICLE  20-a 

[Article  added  by  L.  1913.,  ch.  627] 
Medical  Inspection 

Section  570  Medical  inspection  to  be  provided 

571  Employment  of  medical  inspectors 

572  Pupils  to  furnish  health  certificates 

573  Examinations  by  medical  inspectors 

574  Record  of  examinations ;  eye  and  ear  tests 

575  Existence  of  contagious  diseases ;  return  after  illness 

576  Enforcement   of    law 

577  State  medical  inspection  of  schools 

§  570  Medical  inspection  to  be  provided.  Medical  inspection 
shall  be  provided  for  all  pupils  attending  the  public  schools  in  this 
State,  except  in  cities  of  the  first  class,  as  provided  in  this  article. 
Medical  inspection  shall  include  the  services  of  a  trained  registered 
nurse,  if  one  is  employed,  and  shall  also  include  such  services  as 
may  be  rendered  as  provided  herein  in  examining  pupils  for  the 
existence  of  disease  or  physical  defects  and  in  testing  the  eyes  and 
ears  of  such  pupils.     [Added  by  L.  1913,  ch.  627. \ 


1  So  in  original. 


172  THE   UNIVERSITY   OF   THE   STATE   OF    NEW   YORK 

§  571  Employment  of  medical  inspectors.  The  board  of  edu- 
cation in  each  city  and  union  free  school  district,  and  the  trustee 
or  board  of  trustees  of  a  common  school  district,  shall  employ,  at 
a  compensation  to  be  agreed  upon  by  the  parties,  a  competent  physi- 
cian as  a  medical  inspector,  to  make  inspections  of  pupils  attending 
the  public  schools  in  the  city  or  district.  If  appointed  by  a  board 
of  education  of  a  city  such  physician  shall  reside  within  the  city. 
The  physicians  so  employed  shall  be  legally  qualified  to  practise 
medicine  in  this  State,  and  shall  have  so  practised  for  a  period  of 
at  least  two  years  immediately  prior  to  such  employment.  Any 
such  board  or  trustees  may  employ  one  or  more  school  nurses,  who 
shall  be  registered  trained  nurses  and  authorized  to  practise  as  such. 
Such  nurses  when  so  employed  shall  aid  the  medical  inspector  of 
the  district  and  shall  perform  such  duties  for  the  benefit  of  the 
public  schools  as  may  be  prescribed  by  such  inspector. 

A  medical  inspector  or  school  nurse  may  be  employed  by  the 
trustees  or  boards  of  education  of  two  or  more  school  districts, 
and  the  compensation  of  such  inspector,  and  the  expenses  incurred 
in  making  inspections  of  pupils  as  provided  herein,  shall  be  borne 
jointly  by  such  districts,  and  be  apportioned  among  them  according 
to  the  assessed  valuation  of  the  taxable  property  therein. 

In  cities  and  union  free  school  district  having  more  than  five 
thousand  inhabitants,  the  board  of  education  may  employ  such  addi- 
tional medical  inspectors  as  may  be  necessary  to  properly  inspect 
the  pupils  in  the  school  in  such  cities  and  union  free  school  district. 

The  trustees  of  a  common  school  district  or  the  board  of  educa- 
tion of  a  union  free  school  district  whose  boundaries  are  cotermin- 
ous with  the  boundaries  of  an  incorporated  village  shall,  in  the 
employment  of  medical  inspectors,  employ  the  health  officer  of  the 
town  in  which  such  common  school  district  is  located  or  the  health 
officer  of  such  union  free  school  district,  so  far  as  may  be  advan- 
tageous to  the  interests  of  such  district.  [Added  by  L.  1913,  ch, 
627 ,  and  amended  hy  L.  1916,  ch.  182.] 

§  572  Pupils  to  furnish  health  certificates.  A  health  certifi- 
cate shall  be  furnished  by  each  pupil  in  the  public  schools  upon  his 
entrance  in  such  schools,  and  thereafter  at  the  opening  of  such 
schools  at  the  beginning  of  each  school  year.  Each  certificate  shall 
be  signed  by  a  duly  licensed  physician  who  is  authorized  to  prac- 
tise medicine  in  this  State,  and  shall  describe  the  condition  of  tlie 
pupil  when  the  examination  was  made,  which  shall  not  be  more 
than  thirty  days  prior  to  the  presentation  of  such  certificate,  and 
state  whether  such  pupil  is  in  a  fit  condition  of  bodily  health  to 


EDUCATION    LAW  173 

permit  his  or  her  attendance  at  the  pubHc  schools.  Such  certificate 
shall  be  submitted  within  thirty  days  to  the  principal  or  teacher 
having  charge  of  the  school  and  shall  be  filed  with  the  clerk  of  the 
district.  If  such  pupil  does  not  present  a  health  certificate  as  herein 
required,  the  principal  or  teacher  in  charge  of  the  school  shall  cause 
a  notice  to  be  sent  to  the  parents  of  such  pupil  that  if  the  required 
health  certificate  is  not  furnished  within  thirty  days  from  the  date 
of  such  notice,  an  examination  will  be  made  of  such  pupil  as  pro- 
vided herein.     [Added  by  L.  1913,  ch.  627.] 

§  573  Examinations  by  medical  inspectors.  Each  principal 
or  teacher  in  charge  of  a  public  school  shall  report  to  the  medical 
inspector  having  jurisdiction  over  such  school  the  names  of  all  pupils 
who  have  not  furnished  health  certificates  as  provided  in  the  pre- 
ceding section,  and  the  medical  inspector  shall  cause  such  pupils 
to  be  separately  and  carefully  examined  and  tested  to  ascertain 
whether  any  of  them  are  sufifering  from  defective  sight  or  hearing, 
or  from  any  other  physical  disability  tending  to  prevent  them  from 
receiving  the  full  benefit  of  school  work,  or  requiring  a  modification 
of  such  work  to  prevent  injury  to  the  pupils  or  to  receive  the  best 
educational  results.  If  it  be  ascertained  upon  such  test  or  exam- 
ination that  any  of  such  pupils  are  inflicted  with  defective  sight 
or  hearing  or  other  physical  disability  as  above  described  the  prin- 
cipal or  teacher,  having  charge  of  such  school,  shall  notify  the 
parents  or  other  persons  with  whom  such  pupils  are  living,  as  to 
the  existence  of  such  defects  and  physical  disability.  If  the  parents 
or  guardians  are  unable  or  unwilling  to  provide  the  necessary  relief 
and  treatment  for  such  pupils,  such  fact  shall  be  reported,  by  the 
principal  or  teacher  to  the  medical  inspector,  whose  duty  it  shall  be 
to  provide  relief  for  such  pupils.     [Added  by  L.  1913,  ch.  627.] 

§  574  Record  of  examinations;  eye  and  ear  tests.  Medical 
inspectors  or  principals  and  teachers  in  charge  of  public  schools 
shall  make  eye  and  ear  tests  of  the  pupils  in  such  schools,  at  least 
once  in  each  school  year.  The  State  Commissioner  of  Health  shall 
prescribe  the  method  of  making  such  tests,  and  shall  furnish 
general  instruction  in  respect  to  such  tests.  The  Commissioner  of 
Education,  after  consultation  with  the  State  Commissioner  of 
Health,  shall  prescribe  and  furnish  to  the  school  authorities  suitable 
rules  of  instruction  as  to  tests  and  examinations  made  as  provided 
in  this  article,  together  with  test  cards,  blanks,  record  books  and 
other  useful  appliances  for  carrying  out  the  purposes  of  this  article. 
The  Commissioner  of  Education  shall  provide  for  pupils  in  the 
normal  schools,  city  training  schools  and  training  classes  instruction 


174  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  practice  in  the  best  methods  of  testing  the  sight  and  hearing 
of  children.     [Added  by  L.  1913,  ch.  627.] 

§  575  Existence  of  contagious  diseases;  return  after  illness. 
Whenever  upon  investigation  a  pupil  in  the  public  schools  shows 
symptoms  of  smallpox,  scarlet  fever,  measles,  chicken  pox,  tuber- 
culosis, diphtheria,  influenza,  tonsilitis,  whooping  cough,  mumps, 
scabies  or  trachoma,  he  shall  be  excluded  from  the  school  and  sent 
to  his  home  immediately,  in  a  safe  and  proper  conveyance,  and  the 
health  officer  of  the  city  or  town  shall  be  immediately  notified  of  the 
existence  of  such  disease.  The  medical  inspector  shall  examine 
each  pupil  returning  to  a  school  without  a  certificate  from  the  health 
officer  of  the  city  or  town,  or  the  family  physician,  after  absence 
on  account  of  illness  or  from  unknown  cause. 

Such  medical  inspectors  may  make  such  examinations  of  teachers, 
janitors  and  school  buildings  as  in  their  opinion  the  protection  of 
the  health  of  the  pupils  and  teachers  may  require.  [Added  by 
L.  1912,  ch.  627.] 

§  576  Enforcement  of  law.  It  shall  be  the  duty  of  the  Com- 
missioner of  Education  to  enforce  the  provisions  of  this  article, 
and  he  may  adopt  such  rules  and  regulations  not  inconsistent  here- 
with, after  consultation  with  the  State  Commissioner  of  Health, 
for  the  purpose  of  carrying  into  full  force  and  effect  the  objects 
and  intent  of  this  article. 

He  may,  in  his  discretion,  withhold  the  public  money  from  a 
district  which  wilfully  refuses  or  neglects  to  comply  with  this 
article,  and  the  rules  and  regulations  made  hereunder.  [Added  by 
L.  1912,  ch.  627.] 

§  577  State  medical  inspection  of  schools.  The  Commissioner 
of  Education  shall  appoint  a  competent  physician  who  has  been  in 
the  actual  practice  of  his  profession  for  a  period  of  at  least  five 
years,  as  state  medical  inspector  of  schools.  The  state  medical 
inspector  of  schools,  under  the  supervision  of  the  Commissioner  of 
Education,  shall  perform  such  duties  as  may  be  required  for  carrying 
out  the  provisions  of  this  article.  The  said  medical  inspector  shall 
be  appointed  in  the  same  manner  as  other  employees  of  the  Educa- 
tion Department.     [Added  by  L.  1912,  ch.  627.] 

Provisions  of  the  Public  Health  Law   (L.   1909,  ch.  49)   relative  to  the 
Vaccination  of   School  Children 

§  310  Vaccination  of  school  children.  1  A  child  or  person  not  vac- 
cinated shall  not  be  admitted  or  received  into  a  school  in  a  city  of  the  first 
or  second  class.  The  board,  officers  or  other  person  having  the  charge,  man- 
agement or  control  of   such  school  shall  cause  this  provision  of   law  to  be 


EDUCATION    LAW  175 

enforced.  The  board  of  health  or  other  board,  commission  or  officers  of  such 
city  having  jurisdiction  of  the  enforcement  of  the  chapter  therein  shall  pro- 
vide, at  the  expense  of  the  city  for  the  vaccination  of  all  pupils  of  such 
school  whose  parents  or  guardian  do  not  provide  vaccination  for  them. 

2  Whenever  smallpox  exists  in  any  other  city  or  school  district,  or  in  the 
vicinity  thereof,  and  the  State  Commissioner  of  Health  shall  certify  in- 
writing  to  the  school  authorities  in  charge  of  any  school  or  schools  in  sucb 
city  or  district,  it  shall  become  the  duty  of  such  school  authorities  to  exclude- 
from  euch  schools  every  child  or  person  who  does  not  furnish  a  certificate 
from  a  duly  licensed  physician  to  the  effect  that  he  has  successfully  vaccin- 
ated such  child  or  person  with  the  vaccine  virus  in  the  usual  manner  or  that 
such  child  or  person  shows  evidence  by  scar  of  a  successful  previous  vac-^ 
cination.  Whenever  school  authorities  having  the  charge,  management  and- 
control  of  schools  in  a  district  or  city  cause  this  provision  of  law  to  be' 
enforced  the  local  board  of  health  shall  provide  for  the  vaccination  of  all 
children  whose  parents  or  guardian  do  not  provide  such  vaccination. 

3  The  expense  incurred,  when  such  vaccination  is  performed  under  the 
direction  of  the  local  health  authorities,  shall  be  a  charge  upon  the  munici- 
pplity  in  which  the  child  or  person  vaccinated  resided,  and  shall  be  audited 
and  paid  in  the  same  manner  as  other  expenses  incurred  by  such  municipality- 
are  audited  and  paid.  The  local  boards  of  health  or  other  health  authorities 
may,  m  their  discretion,  provide  for  the  payment  of  additional  compensation 
to  health  officers  performing  such  viccination.i  [Amended  by  L.  1915,  ch. 
133,  in  effect  March  30,  1915.] 

§  311  Vaccination;  how  made;  reports.  1  No  person  shall  perform 
vaccination  for  the  prevention  of  smallpox  who  is  not  a  regularly  licensed 
physician  under  the  laws  of  the  State.  Vaccination  shall  be  preformed^  in 
such  manner  only  as  shall  be  prescribed  by  the  State  Commissioner  of  Health. 

2  No  physician  shall  use  vaccine  virus  for  the  prevention  of  smallpox 
unless  such  vaccine  virus  is  produced  under  license  issued  by  the  secretary 
of  the  treasury  of  the  United  States  and  is  accompanied  by  a  certificate  of 
approval  by  the  State  Commissioner  of  Health,  and  such  vaccine  virus  shall 
then  be  used  only  within  the  period  of  time  specified  in  such  approval. 

3  Every  physician  performing  a  vaccination  shall  within  ten  days  make  a 
report  to  the  State  Commissioner  of  Health  upon  a  form  furnished  by  such 
Commissioner  setting  forth  the  full  name  and  age  of  the  person  vaccinated 
and,  if  such  person  is  a  minor,  the  name  and  address  of  his  parents,  the  date 
of  vaccination,  the  date  of  previous  voccination^  if  possible,  the  name  of 
the  maker  of  the  vaccine  virus  and  the  lot  or  batch  number  of  such  vaccine 
virus.     [Amended  by  L.  1915,  ch/l33,  in  effect  March  30,  1915.] 


ARTICLE  20-b 

[Added  by  L.  1917,  ch.  553,  in  effect  May  18,  1917] 
Children  with  Retarded  Mental  Development 

Section  578  Children  with  retarded  mental  development 
579  Assistant  mental  diagnostician 


1  So  in  original. 


176  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

§  578  Children  with  retarded  mental  development.  1  The 
board  of  education  of  each  city  and  of  each  union  free  school  dis- 
trict, and  the  board  of  trustees  of  each  school  district  shall,  within 
one  year  from  the  time  this  act  becomes  effective,  ascertain,  under 
regulations  prescribed  by  the  Commissioner  of  Education  and 
approved  by  the  Regents  of  the  University,  the  number  of  children 
in  attendance  upon  the  public  schools  under  its  supervision  who  are 
three  years  or  more  retarded  in  mental  development. 

2  The  board  of  education  of  each  city  and  of  each  union  free 
school  district  in  which  there  are  ten  or  more  children  three  years 
or  more  retarded  in  mental  development  shall  establish  such  special 
classes  of  not  more  than  fifteen  as  may  be  necessary  to  provide 
instruction  adapted  to  the  mental  attainments  of  such  children. 

3  The  board  of  education  of  each  city  and  of  each  union  free 
school  district,  and  the  board  of  trustees  of  each  school  district 
which  contains  less  than  ten  such  children  may  contract  with  the 
board  of  education  of  another  city  or  school  district  for  the  educa- 
tion of  such  children  in  special  classes  organized  in  the  schools  of 
the  city  or  district  with  which  such  contract  is  made.  [Added  by 
L.  1917,  ch.  553,  in  effect  May  18,  1917.] 

§  579  Assistant  mental  diagnostician.  There  shall  be  in  the 
Department  of  Education  an  assistant  mental  diagnostician,  to  be 
appointed  by  the  Commissioner  of  Education.  He  shall  receive  an 
annual  salary  to  be  fixed  by  the  Commissioner  of  Education  within 
the  amount  of  moneys  appropriated  therefor.  He  shall  conduct 
psychological  examinations  of  backward  school  children,  select  chil- 
dren who  need  special  class  instruction  and  perform  such  other 
duties  as  the  Commissioner  may  prescribe.  [Added  by  L.  1920, 
ch.  457,  in  effect  May  4,  1920.] 


ARTICLE  21 

Contract  System 

Section  580  District  meeting  to  authorize  contract  system 

581  District  or  city  with  which  such  contract  may  be  made 

582  Trustees   or  boards   of   education  may  contract  to   receive   such 

children 

583  Form  of  contract 

584  Validity  of  contract 

585  Apportionment  to  contracting  district 

586  Report  of  pupils  from  other  districts 


EDUCATION    LAW  177 

§  580  District  meeting  to  authorize  contract  system.  Any 
school  district  may  decide  by  a  majority  vote  of  the  quahfied  voters 
present  and  voting  at  any  district  meeting: 

1  To  contract  for  the  education  of  all  the  children  of  such  dis- 
trict in  another  district  or  in  a  city  instead  of  maintaining  a  home 
school ; 

2  To  contract  for  the  education  of  part  of  the  children  of  such 
district  in  another  district  or  in  a  city  and  maintain  a  home  school. 

§  581  District  or  city  with  which  such  contract  may  be  made. 
1  Such  contract  may  be  made  with  one  or  more  districts  or  cities. 
The  district  meeting  authorizing  such  contract  may  designate  the 
districts  or  cities  with  which  such  contracts  may  be  made. 

2  If  the  district  meeting  fails  to  make  such  designation  or  if 
any  district  or  city  so  designated  refuses  to  make  such  contract, 
the  trustees  of  the  district  authorizing  such  contract  may  enter  into 
a  contract  with  a  district  willing  to  make  such  contract. 

§  582  Trustees  or  boards  of  education  may  contract  to  receive 
such  children.  The  trustees  or  board  of  education  of  any  dis- 
trict or  city  may  enter  into  a  contract  to  receive  and  educate  in  the 
schools  of  such  district  or  city  the  children  of  any  district  which 
shall  authorize  its  trustees  to  contract  for  the  education  of  its  chil- 
dren as  provided  by  section  580  of  this  chapter. 

§  583  Form  of  contract.  Such  contract  shall  be  written  and 
in  the  form  prescribed  by  the  Commissioner  of  Education. 

§  584  Validity  of  contract.  Such  contract  shall  not  be  valid 
or  binding  upon  either  party  thereto  until  a  copy  thereof  is  filed 
with  the  Commissioner  of  Education  and  approved  by  such 
Commissioner. 

§  585  Apportionment  to  contracting  district.  1  Whenever 
the  period  of  time  for  which  a  district  contracts  for  the  education 
of  its  children  or  such  period  together  with  the  time  school  is  actu- 
ally taught  in  said  district  shall  amount  to  one  hundred  and  eighty 
days  and  the  contract  shall  include  all  the  children  of  school  age 
in  such  district,  such  district  shall  be  entitled  to  receive  the  appor- 
tionments of  pubHc  money  it  would  receive  if  it  maintained  a  school. 
[Subdivision  1  amended  by  L.  1921,  ch.  387,  in  effect  April  30, 
1921.] 

2  Whenever  a  district  maintains  a  home  school  and  contracts  for 
the  education  of  at  least  twelve  of  its  children  in  another  district 
or  city  it  shall  be  entitled  to  one  teacher's  quota  in  addition  to  its 
district  quota. 


178  THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 

3  No  school  district  operating  under  the  contract  system  shall 
receive  a  greater  apportionment  than  the  excess  of  the  total  expense 
incurred  in  payment  of  tuition  and  transportation  of  pupils  over 
the  amount  of  a  tax  of  one-half  of  one  per  centum  on  the  assessed 
valuation  of  the  district,  as  shown  by  the  report  of  the  trustee  to 
the  district  superintendent.  \ Subdivision  3  amended  by  L.  1921, 
ch.  387.  in  effect  April  30,  1921.] 

4  Whenever  a  district  contracts  with  another  district  or  a  city 
and  such  district  or  city  maintains  a  high  school  or  an  academic 
department,  and  whenever  the  expense  of  the  tuition  and  trans- 
portation for  the  pupils  of  said  district  shall  exceed  the  sum  of  the 
public  school  money  of  the  district  and  the  amount  of  a  tax  of 
one-half  of  one  per  centum  on  the  assessed  valuation  of  the  district, 
the  tuition  of  the  academic  pupils  attending  such  high  school  or 
academic  pupils  from  such  contracting  district  may  be  paid  by  the 
State  as  provided  by  section  493  of  this  chapter.  \Subdivision  4 
added  by  L.  1915.  ch.  194,  and  amended  by  L.  1921,  ch.  387,  in 
effect  April  30,  1921.] 

§  5^6  Report  of  pupils  from  other  districts.  The  children 
attending  a  school  under  any  such  contract  shall  be  reported  to  the 
Commissioner  of  Education  by  the  trustees  or  board  of  education 
of  the  district  or  city  wherein  such  children  attend  school  as  though 
they  were  residents  of  such  city  or  school  district. 

ARTICLE  22 

[Article  amended  by  L.  1919,  ch.  531] 

General  Industrial  Schools,  Unit  Trade  and  Technical  Schools, 
Part-time  or  Continuation  Schools,  Practical  Arts  or  Home- 
making  Schools  and  Schools  of  Agriculture,  Mechanic  Arts 
and  Homemaking 

Section  600  General  industrial  schools,  unit  trade  and  technical  schools, 
schools  of  agriculture,  mechanic  arts  and  homemaking,  evening 
vocational  schools,  practical  arts  or  homemaking  schools  and^ 
may  be  established  in  cities 

601  Part-time   or   continuation   schools   shall   be   established   in   cities 

and  school  districts 

602  Establishment  of   general   industrial   schools   and   unit  trade  and 

technical  schools,  and  schools  of  agriculture,  mechanic  arts  and 
homemaking,  practical  arts  or  homemaking  schools,  evening 
vocational  schools ;  directors  of  agriculture,  mechanic  arts  and 
homemaking 


1  So  in  original. 


EDUCATION    LAW  179 

603  Appointment  of  an  advisory  board 

604  Authority  of  the  board  of  education  over  such  schools 

605  State  aid  for  general  industrial  schools,  unit  trade  and  technical 

schools,  practical  arts  or  homemaking  schools,  part-time  or 
continuation  schools,  schools  of  agriculture,  mechanic  arts  and 
homemaking  and  evening  vocational  schools 

606  Application  of  such  moneys 

607  Annual    estimate   by    board    of    education    and   appropriations    by 

municipal  and   school   districts 

608  Courses  in  schools  of  agriculture  for  training  of  teachers 

§  600  General  industrial  schools,  trade  schools  and  schools 
of  agriculture,  mechanic  arts  and  homemaking,  may  be  estab- 
lished in  cities.  The  board  of  education  of  any  city  may  estab- 
lish, acquire,  conduct  and  maintain  as  a  part  of  the  public  school 
system  of  such  city  the  following: 

1  General  industrial  schools  in  communities  of  less  than  twenty- 
five  thousand  inhabitants  open  to  pupils  who  have  completed  the 
elementary  school  course  or  who  have  attained  the  age  of  fourteen 
years;  and 

2  Unit  trade  and  technical  schools  open  to  pupils  who  have 
attained  the  age  of  fourteen  years  or  who  have  completed  the  ele- 
mentary school  course  or  who  have  met  such  other  requirements 
as  the  Commissioner  of  Education  may  have  prescribed;  and 

3  Schools  of  agriculture,  mechanic  arts  and  homemaking,  open 
to  pupils  who  have  completed  the  elementary  school  course  or  who 
have  attained  the  age  of  fourteen,  or  who  have  met  such  other 
requirements  as  the  local  school  authorities  may  have  prescribed; 
and 

4  Practical  arts  or  homemaking  schools  open  to  pupils  who  have 
completed  the  elementary  school  course,  or  who  have  attained  the 
age  of  fourteen  years,  or  who  have  met  such  other  requirements 
as  the  Commissioner  of  Education  may  have  prescribed.  Special 
requirements  may  be  prescribed  for  courses  conducted  in  communi- 
ties of  less  than  twenty-five  thousand  inhabitants. 

5  Evening  vocational  schools  in  which  instruction  shall  be  given 
in  the  trades  and  in  industrial,  agricultural  and  homemaking  sub- 
jects, and  which  shall  be  open  to  pupils  over  sixteen  years  of  age, 
who  are  regularly  and  lawfully  employed  during  the  day  and  which 
provide  instruction  in  subjects  related  to  the  practical  work  carried 
on  in  such  employment;  but  such  evening  vocational  schools  pro- 
viding instruction  in  homemaking  shall  be  open  to  all  women  over 
sixteen  years  of  age  who  are  employed  in  any  capacity  during  the 
day. 


180  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

The  word  "  school,"  as  used  in  this  article,  shall  include  any 
department  or  course  of  instruction  established  and  maintained  in 
a  public  school  for  any  of  the  purposes  specified  in  this  section. 
[Amended  by  L.  1919,  ch.  531,  in  effect  August  1,  1919.] 

§  601  Part-time  or  continuation  schools  shall  be  established 
in  cities  and  school  districts  having  a  population  of  five  thou- 
sand or  more  inhabitants,  a  The  board  of  education  of  each  city 
and  of  each  such  school  district  in  which  there  are  twenty  or  more 
minors  above  the  age  of  fourteen  years  and  below  the  age  of 
eighteen  years,  who  are  not  in  regular  attendance  upon  instruction, 
shall  establish  and  maintain  part-time  or  continuation  schools  or 
classes  in  which  such  minors  shall  receive  instruction.  Such  schools 
or  classes  may  be  established  in  pubHc  school  buildings,  in  other 
buildings  especially  adapted  for  their  operation,  in  manufacturing 
or  mercantile  establishments  and  in  factories.  Such  schools  or 
classes,  wherever  they  are  established  or  maintained,  shall  be  under 
the  control  and  management  of  the  board  of  education  and  shall  be 
a  part  of  the  public  school  system  of  the  city  or  district  which  main- 
tains them.  Courses  of  study  in  private  or  parochial  part-time  or 
continuation  schools  or  classes  which  meet  the  requirements  of  the 
statutes  and  the  regulations  prescribed  thereunder  may  be  approved 
by  the  Commissioner  of  Education  and,  when  thus  approved, 
attendance  thereon  shall  be  accepted  for  that  required  under  this 
article. 

b  Such  part-time  or  continuation  schools  or  classes  shall  be  main- 
tained each  year  during  the  full  period  of  time  which  the  public 
schools  of  a  city  or  district  are  in  session.  The  sessions  of  such 
part-time  or  continuation  schools  or  classes  shall  be  on  the  regular 
school  days  and  for  as  many  hours  between  the  hours  of  eight 
o'clock  forenoon  and  five  o'clock  afternoon  as  shall  be  necessary  to 
provide  the  required  instruction  for  such  minors  who  reside  in  said 
city  or  district. 

c  The  courses  of  study  in  such  part-time  or  continuation  schools 
or  classes  shall  be  approved  by  the  Commissioner  of  Education 
and  shall  include  among  other  subjects  instruction  in  American  his- 
tory, the  rights  and  obligations  of  citizenship,  industrial  history, 
economics,  the  essential  features  of  the  laws  relating  to  the  industries 
taught,  and  shall  also  include  such  other  subjects  as  will  enlarge 
the  vocational  intelligence  of  such  minors. 

d  The  board  of  education  of  each  city  and  of  each  such  school 
district  shall  make  necessary  arrangements  to  begin  to  operate  and 


EDUCATION    LAW  181 

maintain  such  part-time  or  continuation  schools  or  classes,  on  the 
opening  of  the  public  schools  in  September  1920,  and  shall  annu- 
ally thereafter  in  September  open  and  maintain  additional  schools 
and  classes  so  that  by  the  opening  of  the  public  schools  in  Sep- 
tember 1925,  a  sufficient  number  of  such  schools  shall  have  been 
established  as  to  afford  the  required  instruction  under  this  article 
to  those  minors  who  are  required  to  attend  such  schools  or  classes. 

e  Each  minor  under  the  age  of  eighteen  years,  who  is  not  in 
regular  attendance  upon  a  public,  private  or  parochial  school  or 
who  is  regularly  and  lawfully  employed  in  some  occupation  or 
service,  unless  such  minor  has  completed  a  four-year  secondary 
course  of  instruction  approved  by  the  Regents  of  the  University, 
shall  attend  a  part-time  or  continuation  school  or  class  in  the  city 
or  district  in  which  such  minor  resides  or  may  be  employed.  Such 
attendance  shall  be  for  not  less  than  four  hours  per  week  and  not 
more  than  eight  hours  per  week  for  each  week  which  such  school 
or  class  is  in  session  except  that  the  school  authorities  may,  subject 
to  the  approval  of  the  Commissioner  of  Education,  permit  any 
such  minor  to  increase  the  number  of  hours  per  week  of  required 
attendance  and  decrease  the  number  of  weeks  of  required  attend- 
ance. Such  minor  who  is  temporarily  out  of  regular  employment 
or  service  shall  attend  such  school  not  less  than  twenty  hours  per 
week.  The  attendance  upon  a  part-time  or  continuation  school  or 
class  shall  be  between  the  hours  of  eight  o'clock  forenoon  and  five 
o'clock  afternoon. 

/  The  Commissioner  of  Education  shall  make  a  survey  of  each 
city  or  district  to  ascertain  the  industrial,  commercial,  economic  and 
social  needs  of  such  city  or  district  and  the  benefits  and  oppor- 
tunities to  be  afforded  through  the  establishment  of  such  part-time 
or  continuation  schools  or  classes  to  the  community  and  to  those 
who  are  required  to  attend  such  schools  or  classes.  The  Industrial 
Commission  and  the  Commissioner  of  Agriculture  shall  cooperate 
with  the  Commissioner  of  Education  in  making  such  survey. 

g  The  Regents  of  the  University  shall  establish  regulations  to 
govern  and  regulate  the  administration  of  such  part-time  or  con- 
tinuation schools  or  classes  and  the  attendance  of  minors  thereon. 
To  meet  local  necessities  the  board  of  education  of  each  city  or 
school  district  may  establish  regulations  but  such  regulations  shall 
not  conflict  with  the  regulations  adopted  by  the  Regents. 

h  The  parent,  guardian  or  other  person  having  the  custody  or 
control  of  a  minor  who  is  required  under  the  provisions  of  this 
article  to  attend  a  part-time  or  continuation  school  or  class  shall 


182  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

cause  such  minor  to  attend  such  school  or  class.  A  parent,  guardian 
or  other  person  who  refuses  or  fails  to  comply  with  this  provision 
of  the  law  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction shall  be  subject  to  a  fine  of  not  more  than  one  hundred 
dollars  or  by  imprisonment  for  not  more  than  ten  days,  or  both 
such  fine  and  imprisonment  at  the  discretion  of  the  court.  Any 
minor  under  seventeen  years  of  age  who  fails  to  attend  upon  instruc- 
tion as  defined  by  this  article  shall  be  subject  to  the  provisions  of 
section  635  of  the  Education  Law.  [Subdivision  h  amended  by 
L.  1921,  ch.  386,  in  effect  September  1,  1921.] 

i  Any  person,  firm  or  corporation  employing  a  minor  between 
the  ages  of  fourteen  years  and  eighteen  "years  shall  permit  the 
attendance  of  such  minor  upon  a  part-time  school  or  class  whenever 
such  part-time  school  or  class  shall  have  been  established  in  the 
city  or  district  where  the  minor  resides  or  may  be  employed,  and 
upon  the  termination  of  employment  of  any  such  minor  the 
employer  shall  return  within  three  days  the  employment  certificate 
of  such  minor  by  mail  to  the  school  authorities,  and  a  person,  firm 
or  corporation  employing  a  minor  over  fourteen  years  of  age  and 
less  than  eighteen  years  of  age  contrary  to  the  provisions  of  this 
article  shall  be  subject  to  a  fine  of  not  less  than  twenty- five  dollars 
and  not  more  than  one  hundred  dollars  for  each  offense  or  by 
imprisonment  in  the  city  or  county  jail  for  not  less  than  five  days 
and  not  more  than  ten  days,  or  by  such  fine  and  imprisonment  at 
the  discretion  of  the  court.  A  person,  firm  or  corporation,  which 
has  in  its  employ  a  minor  who  fails  to  attend  a  part-time  or  con- 
tinuation school  or  class  as  required  herein,  shall  immediately  dis- 
continue the  services  of  such  minor  upon  receiving  from  the  school 
authorities  written  notice  of  the  failure  of  such  minor  to  attend 
such  part-time  or  continuation  school  or  class,  and  a  person,  firm 
or  corporation  violating  this  provision  of  law  shall  be  subject  to  a 
fine  of  fifty  dollars  for  each  offense. 

/  The  board  of  education  of  each  city  or  district  having  a  popu- 
lation of  five  thousand  or  more  inhabitants  is  hereby  required  to 
enforce  the  provisions  of  this  law  and  the  Commissioner  of  Educa- 
tion is  hereby  charged  with  the  duty  and  vested  with  necessary 
authority  to  supervise  the  enforcement  and  administration  of 
this  act. 

k  If  the  authorities  of  such  a  city  or  school  district  fail  or  refuse 
to  provide  the  necessary  funds  for  the  establishment  and  mainte- 
nance of  such  part-time  or  continuation  schools  or  classes  as  are 
required  under  this  law,  the  city  or  district  shall  forfeit  from  the 


EDUCATION    LAW  183 

funds  due  such  city  or  district  from  the  State  for  school  purposes 
an  amount  equal  to  that  which  is  estimated  by  the  board  of  educa- 
tion as  necessary  to  properly  operate  and  maintain  such  schools 
or  classes.  The  public  or  state  funds  thus  forfeited  by  such  city 
or  district  shall  be  apportioned  by  the  Commissioner  of  Education 
to  the  board  of  education  of  such  city  or  district  for  the  purpose 
of  maintaining  such  part-time  or  continuation  schools  or  classes  and 
the  board  of  education  of  the  city  or  district  receiving  such  funds 
shall  apply  the  same  toward  the  maintenance  of  such  schools  or 
classes  and  in  payment  of  the  expenses  incurred  thereby.  [Amended 
by  L.  1919,  ch.  531,  in  effect  August  1,  1919.] 

§  602  Establishment  of  general  industrial  and  unit  trade  and 
technical  schools,  and  schools  of  agriculture,  mechanic  arts  and 
homemaking,  practical  arts  or  homemaking  schools  or  evening 
vocational  schools;  directors  of  agriculture,  mechanic  arts  and 
homemaking.  The  board  of  education  of  any  union  free  school 
district  shall  also  establish,  acquire  and  maintain  general  industrial 
schools,  unit  trade  and  technical  schools,  schools  of  agriculture, 
mechanic  arts  and  homemaking,  and  practical  arts  or  homemaking 
schools  and  evening  vocational  schools  for  like  purposes  whenever 
such  schools  shall  be  authorized  by  a  district  meeting.  The  trustees 
or  board  of  trustees  of  a  common  school  district  may  establish  a 
school  or  a  course  in  agriculture,  mechanic  arts  and  homemaking, 
when  authorized  by  a  district  meeting.  The  board  of  education  of 
a  city,  town  or  union  free  school  district,  not  maintaining  a  school 
of  agriculture,  mechanic  arts  and  homemaking  may  employ  a  direc- 
tor of  agriculture.  The  boards  of  education  or  trustees  of  two  or 
more  districts  or  towns  may  by  joint  contract  employ  such  a  director 
and  determine  in  such  contract  as  to  the  portion  of  the  compensa- 
tion which  is  to  be  paid  by  each  district.  The  qualifications  of  a 
person  employed  as  such  director  shall  be  prescribed  by  the  Com- 
missioner of  Education,  as  provided  by  law  in  respect  to  teachers 
employed  in  pubHc  schools  of  the  State.  [Amended  by  L.  1919, 
ch.  531,  in  effect  August  1,  1919.] 

§  603  Appointment  of  an  advisory  board.  1  The  board  of 
education  shall  appoint  an  advisory  board  of  five  members  repre- 
senting the  local  trades,  industries,  and  occupations.  In  the  first 
instance  two  of  such  members  shall  be  appointed  for  a  term  of 
one  year  and  three  of  such  members  shall  be  appointed  for  a  term 
of  two  years.  Thereafter  as  the  terms  of  such  members  shall 
expire  the  vacancies  caused  thereby  shall  be  filled  for  a  full  term  of 
two  years.     Any  other  vacancy  occurring  on  such'  board  shall  be 


184  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

filled  by  the  appointing  power  named  in  this  section  for  the 
remainder  of  the  unexpired  term. 

2  It  shall  be  the  duty  of  such  advisory  board  to  counsel  with 
and  advise  the  board  of  education  in  relation  to  the  powers  and 
duties  vested  in  such  board  by  this  chapter.  [Amended  by  L,  1919, 
ch.  531,  in  effect  August  1,  1919.] 

§  604  Authority  of  the  board  of  education  over  such  schools. 
The  board  of  education  in  a  city  or  in  a  union  free  school  district 
in  which  city  or  district  a  general  industrial  school,  unit  trade  or 
technical  school,  a  school  of  agriculture,  mechanic  arts  and  home- 
making,  or  practical  arts  or  homemaking  school,  or  a  part-time  or 
continuation  school,  or  an  evening  vocational  school  is  established 
as  provided  in  this  article,  is  vested  with  the  same  power  and 
authority  over  the  management,  supervision  and  control  of  such 
school  and  the  teachers  or  instructors  employed  therein  as  such 
board  now  has  over  the  schools  and  teachers  under  their  charge. 
Such  boards  of  education  shall  also  have  full  power  and  authority: 

1  To  employ  competent  teachers  or  instructors. 

2  To  provide  proper  courses  of  study. 

3  To  purchase  or  acquire  sites  and  grounds  and  to  purchase, 
acquire,  lease  or  construct  and  to  repair  suitable  shops  or  buildings 
and  to  properly  equip  the  same. 

4  To  purchase  necessary  machinery,  tools,  apparatus  and  sup- 
plies.    [Amended  by  L.  1919,  ch.  531,  in  effect  August  1,  1919.] 

§  605  State  aid  for  general  industrial  schools,  unit  trade  and 
technical  schools,  part-time  or  continuation  schools,  practical 
arts  or  homemaking  schools,  evening  vocational  schools,  and 
schools  of  agriculture,  mechanic  arts  and  homemaking.      1  The 

Commissioner  of  Education  in  the  annual  apportionment  of  the 
state  school  moneys  shall  apportion  therefrom  to  each  city  and 
school  district  for  each  general  industrial  school,  unit  trade  and 
technical  school,  part-time  or  continuation  school,  practical  arts  or 
homemaking  school  or  evening  vocational  school,  maintained  therein 
for  thirty-six  weeks  during  the  school  year  and  employing  one 
teacher  whose  work  is  devoted  exclusively  to  such  school,  and  having 
an  enrolment  of  such  number  of  pupils  as  may  be  required  by  the 
Commissioner  of  Education  and  maintaining  an  organization  and 
a  course  of  study,  and  conducted  in  a  manner  approved  by  him,  a 
sum  equal  to  two-thirds  of  the  salary  paid  to  such  teacher,  but  not 
exceeding  one  thousand  dollars. 

2  He  shall  also  apportion  in  like  manner  to  each  city,  union 
free  school  district  or  common  school  district  for  each  school  of 


EDUCATION   LAW  185 

agriculture,  mechanic  arts  and  homemaking,  maintained  therein  for 
thirty-six  weeks  during  the  school  year,  and  employing  one  teacher 
whose  work  is  devoted  exclusively  to  such  school,  and  such  number 
of  pupils  as  may  be  required  by  the  Commissioner  of  Education 
having  an  enrolment  and  maintaining  an  organization  and  course 
of  study  and  conducted  in  a  manner  approved  by  him,  a  sum  equal 
to  two-thirds  of  the  salary  paid  to  such  teacher.  Such  teacher  may 
be  employed  for  the  entire  year,  and  during  the  time  that  the  said 
school  is  not  open  shall  be  engaged  in  performing  such  educational 
services  as  may  be  required  by  the  board  of  education  or  trustees, 
under  regulations  adopted  by  the  Commissioner  of  Education. 
Where  a  contract  is  made  with  a  teacher  for  the  entire  year  and 
such  teacher  is  employed  for  such  period,  as  herein  provided,  the 
Commissioner  of  Education  shall  make  an  additional  apportionment 
to  such  city  or  district  of  the  sum  of  two  hundred  dollars.  But 
the  total  amount  apportioned  in  each  year  on  account  of  such 
teacher  shall  not  exceed  one  thousand  dollars. 

3  The  Commissioner  of  Education  shall  also  make  an  additional 
apportionment  to  each  city  and  union  free  school  district  for  each 
additional  teacher  employed  in  the  schools  mentioned  in  the  pre- 
ceding subdivisions  of  this  section  for  thirty-six  weeks  during  the 
school  year,  a  sum  equal  to  one-half  of  the  salary  paid  to  each  such 
additional  teacher,  but  not  exceeding  one  thousand  dollars  for  each 
teacher. 

4  The  Commissioner  of  Education  shall  also  apportion  in  like 
manner  to  each  city,  town  and  school  district  employing,  or  joining 
in  the  employment  of,  a  director  of  agriculture,  as  authorized  by 
section  602  of  this  chapter,  and  establishing,  maintaining  and  con- 
ducting an  organization  and  course  of  instruction  in  such  subject, 
approved  by  the  Commissioner  of  Education,  a  sum  equal  to  one- 
half  of  the  salary  paid  to  such  director  by  such  city,  town  or  district, 
or  by  two  or  more  of  such  towns  or  districts,  not  exceeding  in 
each  year  the  sum  of  six  hundred  dollars  for  each  director  employed. 
Where  the  apportionment  is  made  on  account  of  a  director  employed 
by  two  or  more  towns  or  districts,  it  shall  be  apportioned  to  such 
towns  or  districts  in  accordance  with  the  proportionate  amount  paid 
by  each  of  such  towns  or  districts  under  the  contract  made  with 
such  director. 

5  The  Commissioner  of  Education,  in  his  discretion,  may  appor- 
tion to  a  district  or  city  maintaining  such  schools  or  employing  such 
teachers  for  a  shorter  time  than  thirty-six  weeks,  or  for  a  less 
time  than  a  regular  school  day,  an  amount  pro  rata  to  the  time 


186  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

such  schools  are  maintained  or  such  teachers  are  employed.  This 
section  shall  not  be  construed  to  entitle  manual  training  high  schools 
or  other  secondary  schools  maintaining  manual  training  depart- 
ments, to  an  apportionment  of  funds  herein  provided  for. 

Any  person  employed  as  teacher  as  provided  herein  may  serve 
as  principal  of  the  school  in  which  the  said  industrial  or  trade  school 
or  course,  or  school  or  course  of  agriculture,  mechanic  arts  and 
homemaking,  is  maintained.  [Amended  by  L.  1919,  ch.  531,  in 
effect  August  1,  1919.] 

§  606  Application  of  such  moneys.  All  moneys  apportioned 
by  the  Commissioner  of  Education  for  schools  under  this  article 
shall  be  used  exclusively  for  the  payment  of  the  salaries  of  teachers 
employed  in  such  schools  in  the  city  or  district  to  which  such  moneys 
are  apportioned.  [Amended  by  L.  1919,  ch.  531,  in  effect  August  1, 
1919.] 

§  607  Annual  estimate  by  board  of  education  and  appropria- 
tions by  municipal  and  school  districts.  The  board  of  educa- 
tion of  each  city  and  the  board  of  education  or  trustees  of  each 
school  district  which  maintains  a  general  industrial  school,  unit  trade 
or  technical  school,  school  of  agriculture,  mechanic  arts  and  home- 
making,  part-time  or  continuation  schools,  practical  arts  or  home- 
making  schools  or  evening  vocational  schools,  shall  include  in  its 
estimate  of  expenses  pursuant  to  the  provisions  of  this  chapter  the 
amount  that  will  be  required  to  maintain  such  schools  after  applying 
toward  the  maintenance  thereof  the  amount  apportioned  therefor 
by  the  Commissioner  of  Education.  Such  amount  shall  thereafter 
be  levied,  assessed  and  raised  by  tax  upon  the  taxable  property  of 
the  city  or  district  at  the  time  and  in  the  manner  that  other  taxes 
for  school  purposes  are  raised  in  such  city  or  district.  [Amended 
by  L.  1919,  ch.  531,  in  effect  August  1,  1919.] 

§  608  Courses  in  schools  of  agriculture  for  training  of 
teachers.  The  state  schools  of  agriculture  at  Saint  Lawrence 
University,  at  Alfred  University  and  at  Morrisville  may  give 
courses  for  the  training  of  teachers  in  agriculture,  mechanic  arts, 
domestic  science  or  homemaking,  approved  by  the  Commissioner  of 
Education.  Such  schools  shall  be  entitled  to  an  apportionment  of 
money  as  provided  in  section  605  of  this  chapter  for  schools  estab- 
lished in  union  free  school  districts.  Graduates  from  such  approved 
courses  may  receive  licenses  to  teach  agriculture,  mechanic  arts  and 
homemaking  in  the  public  schools  of  the  State,  subject  to  such 
rules  and  regulations  as  the  Commissioner  of  Education  may  pre- 
scribe.    [Amended  by  L.  1919,  ch.  531,  in  effect  August  1,  1919.] 


EDUCATION    LAW  187 


FEDERAL  AID 

An  act  was  passed  by  Congress,  approved  February  23,  1917,  entitled 
"An  act  to  provide  for  the  promotion  of  vocational  education;  to  provide 
for  cooperation  with  the  states  in  the  promotion  of  such  education  in  agri- 
culture and  the  trades  and  industries;  to  provide  for  cooperation  with  the 
states  in  the  preparation  of  teachers  of  vocational  subjects,  and  to  appro- 
priate money  and  regulate  its  expenditure."  This  act  appropriated  an  annual 
amount  which  will  reach  an  annual  maximum  of  $7,000,000  in  1926  to  be 
apportioned  among  the  states  which  accept  the  conditions  under  which  the 
apportionment  is  to  be  made  and  provide  some  official  body  or  officer  to 
cooperate  with  the  federal  authorities  in  carrying  into  effect  the  provisions 
of  the  act.  The  act  creates  officers  whose  duty  it  will  be  to  prescribe  the 
instruction  to  be  given  in  vocational  subjects  and  to  aid  and  encourage  the 
states  in  promoting  vocational  education.  The  State  Legislature  enacted  the 
following  act  accepting  the  terms  and  provisions  of  the  federal  act: 

L.  1917,  ch.  576. —  An  act  to  provide  for  the  acceptance  of  the  benefits 
of  an  act  passed  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  congress  assembled,  to  provide  for  the 
promotion  of  vocational  education. 

Section  1  The  State  of  New  York  hereby  accepts  all  of  the  provisions 
and  the  benefits  of  an  act  passed  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America,  in  congress  assembled,  entitled  "An  act 
to  provide  for  the  promotion  of  vocational  education ;  to  provide  for  coopera- 
tion with  the  states  in  the  promotion  of  such  education  in  agriculture  and 
the  trades  and  industries;  to  provide  for  cooperation  with  the  states  in  the 
preparation  of  teachers  of  vocational  subjects;  and  to  appropriate  money 
and  regulate  its  expenditure,"  approved  February  23,   1917. 

§  2  The  State  Treasurer  is  hereby  constituted  and  appointed  the  custodian 
of  the  moneys  paid  to  the  State  of  New  York  for  vocational  education,  under 
the  provisions  of  such  act,  and  such  moneys  shall  be  paid  out  in  the  manner 
provided  by  such  act  for  the  purposes  therein  specified. 

§  3  The  Regents  of  The  University  of  the  State  of  New  York  are  hereby 
designated  as  the  state  board  for  the  purpose  of  carrying  into  effect  the  pro- 
visions of  such  act,  and  are  hereby  authorized  and  directed  to  cooperate  with 
the  federal  board  of  vocational  education  in  the  administration  and  enforce- 
ment of  its  provisions,  and  to  perform  such  official  acts  and  exercise  such 
powers  as  may  be  necessary  to  entitle  the  State  to  receive  its  benefits. 

§  4  This  act  shall  take  effect  immediately. 


NOTE. —  The  regulations  of  the  Board  of  Regents  provide  for  the  distri- 
bution of  the  funds  alloted  to  New  York  State  to  the  various  cities  and 
districts  which  maintain  the  following  types  of  schools  (1)  unit  trade  schools, 
(2)  high  school  departments  of  vocational  agriculture,  (3)  compulsory  part- 
time  or  continuation  schools ;  aid  is  also  given  to  State  Schools  of  Agriculture 
meeting  Federal  requirements  and  to  the  various  State  institutions  offering 
approved  vocational  teacher  training  courses. 


188  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

ARTICLE  22-a 

[Article  added  by  L.  1915,  ch.  307] 
Farm  Schools  in  Counties 

Section  610  Establishment  of  farm  schools 

611  Acquisition  of  lands  and  erection  of  buildings 

612  Board  of  managers 

613  Powers  and  duties  of  board 

614  Powers  of  superintendent;  discipline  of  school 

615  Course  of  instruction 

616  State  aid 

617  Children  admitted  to  such   school 

618  Agreements  with  parents  and  guardians  to  pay  expense  of  main- 

tenance; compulsory  support 

619  Maintenance  by  county 

619-a  Reports  to  board  of  supervisors;   inspection 
619-b  Powers  of  Commissioner  of  Education  and  State  Department  of 
Education 

§  610  Establishment  of  farm  schools.  The  board  of  super- 
visors of  any  county  outside  of  the  city  of  New  York  may  adopt 
a  resolution  by  a  majority  vote  of  the  members  of  the  board  estab- 
lishing a  farm  school  for  the  purpose  of  giving  instruction  in  the 
trades  and  in  industrial,  agricultural  and  homemaking  subjects  to 
children  of  the  county  not  more  than  eighteen  nor  less  than  eight 
years  of  age  who  may  be  admitted  thereto  as  provided  by  law. 
[Added  by  L.  1915,  ch.  307.] 

§  611  Acquisition  of  lands  and  erection  of  buildings.  Upon 
the  adoption  of  the  resolution  as  provided  in  the  foregoing  section 
the  board  of  supervisors  shall  purchase  land  in  some  conveniently 
accessible  place  in  the  county  to  be  used  for  the  purpose  of  such 
school.  They  may  acquire  such  land  by  gift,  purchase  or  condem- 
nation. The  land  when  so  acquired  shall  be  held  in  the  name  of 
the  county  for  the  benefit  of  such  school.  Upon  the  acquisition  of 
such  land  the  board  of  supervisors  shall  erect  the  necessary  build- 
ings and  suitably  equip  them  for  use.  Such  board  may  also  provide 
for  the  improvement  of  existing  buildings  and  make  such  repairs 
and  alterations  on  the  buildings  upon  the  land  used  for  the  purpose 
of  the  school  as  may  be  necessary  for  the  maintenance  and  operation 
thereof.     [Added  by  L.  1915,  ch.  307.] 

§  612  Board  of  managers.  The  board  of  managers  of  such 
school  shall  consist  of  not  less  than  five  members  and  shall  be  com- 
posed of  all  the  city,  village  and  district  superintendents  of  schools 


EDUCATION   LAW  189 

of  the  county  in  which  it  is  located,  in  addition  to  such  other  mem- 
bers as  may  be  necessary  to  make  a  total  membership  of  such  board 
of  not  less  than  five.  Such  additional  members  of  the  board  shall 
be  appointed  by  the  board  of  supervisors  from  the  resident  tax- 
payers of  the  county,  who  shall  serve  for  terms  of  four  years  com- 
mencing on  the  first  day  of  January  succeeding  their  appointment. 
Such  terms  shall  be  so  arranged  that  the  terms  of  no  two  of  the 
members  so  appointed  shall  expire  in  the  same  year,  and  for  this 
purpose  the  terms  of  the  members  first  appointed  hereunder  shall 
be  as  follows:  In  case  one  member  shall  be  appointed,  the  term 
shall  be  four  years,  in  case  two  members  shall  be  appointed,  the 
terms  shall  be  four  and  two  years,  respectively,  in  case  three  mem- 
bers shall  be  appointed,  the  terms  shall  be  four,  three  and  two 
years,  and  in  case  four  members  shall  be  appointed,  the  terms  shall 
be  four,  three,  two  and  one  year,  respectively,  which  terms  shall 
commence  on  the  first  day  of  January  succeeding  their  appointment, 
and  their  successors  shall  be  appointed  for  full  terms  of  four  years 
as  above  provided.  Appointments  to  fill  vacancies  shall  be  for  the 
unexpired  portion  of  the  terms.  The  members  of  the  board  shall 
serve  without  compensation.  They  shall  receive  their  necessary 
expenses  incurred  in  the  performance  of  their  duties.  The  amount 
of  such  expenses  shall  be  charged  against  the  county  and  shall  be 
paid  in  the  same  manner  as  other  county  charges.  The  board  shall 
organize  by  the  election  of  one  of  its  members  as  chairman  and 
another  as  secretary.      [Added  by  L.  1915,  ch.  307.] 

§  613  Powers  and  duties  of  board.  The  board  of  managers 
of  such  school  shall  be  responsible  for  the  operation  and  mainte- 
nance of  the  school ;  employ  a  superintendent  and  such  teachers  and 
assistants  as  may  be  required  for  the  operation  and  maintenance 
of  the  school  when  authorized  so  to  do  by  the  board  of  supervisors 
of  the  county;  fix  the  compensation  of  such  superintendent,  teachers 
and  assistants  within  the  amount  made  available  therefor  by  the  said 
board  of  supervisors;  prescribe  rules  and  regulations  for  the  man- 
agement of  the  school  and  for  the  purpose  of  carrying  into  effect 
the  object  thereof ;  provide  for  the  detention,  maintenance  and 
instruction  of  all  children  who  are  admitted  to  the  school.  [Added 
by  L.  1915,  ch.  307.] 

§  614  Powers  of  superintendent;  discipline  of  school.  The 
superintendent  of  the  school  shall,  subject  to  the  regulations  of  the 
board  of  managers: 

1  Have  the  general   management   of   the   school   and  the   land. 


190  THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

buildings  and  equipment  thereof,  and  devote  his  entire  time  to  its 
affairs ; 

2  Be  responsible  for  the  welfare  of  pupils  of  the  school  and  see 
that  the  regulations  and  directions  of  the  board  of  managers  are 
carried  into  effect; 

3  Supervise  and  direct  the  methods  of  instruction  and  the  per- 
formance of  duties  by  the  teachers,  assistants  and  employees  of 
such  school; 

4  Prescribe  rules  for  the  government  and  discipline  of  the  pupils 
of  the  school  and  cause  such  rules  to  be  enforced; 

5  Protect  and  care  for  the  property  of  the  school ; 

6  Give  special  attention  to  the  proper  instruction,  detention, 
restraint,  discipline,  comfort  and  physical  and  moral  welfare  of 
the  pupils  of  the  school,  and  perform  such  other  duties  as  may  be 
required  of  him  by  the  board  of  managers,  with  a  view  of  carrying 
out  of  the  purposes  of  this  article.     [Added  by  L.  1915,  ch.  307.] 

§  615  Course  of  instruction.  The  board  of  managers  shall 
prescribe  the  courses  of  instruction  to  be  followed  in  such  school, 
subject  to  the  approval  of  the  Commissioner  of  Education.  Such 
instruction  shall  include  instruction  in  agriculture,  mechanic  arts, 
trades  and  homemaking.  The  provisions  of  this  chapter  and  of 
the  regulations  of  the  Education  Department  relating  to  vocational 
instruction  in  the  public  schools  shall  apply  to  such  school  so  far 
as  they  do  not  conflict  with  the  provisions  of  this  article  and  may 
be  made  applicable  thereto.     [Added  by  L.  1915,  ch.  307.] 

§  616  State  aid.  There  shall  be  annually  apportioned  to  such 
school  from  the  moneys  appropriated  by  the  State  Legislature  for 
the  support  of  the  public  schools  of  the  State  the  sum  of  one 
thousand  dollars  and  an  additional  sum  of  two  hundred  dollars  for 
each  teacher  employed  therein  for  a  period  of  thirty-six  weeks 
during  each  school  year,  whose  entire  time  is  given  to  the  instruc- 
tion of  pupils  in  such  school.  No  such  apportionment  shall  be  made 
unless  there  are  at  least  fifteen  pupils  enrolled  and  actually  in 
attendance  at  such  school  during  such  period  of  thirty-six  weeks, 
and  unless  such  school  maintains  an  organization  and  a  course  of 
study  and  is  conducted  in  a  manner  approved  by  the  Commissioner 
of  Education.     [Added  by  L.  1915,  ch.  307.] 

§  617  Children  admitted  to  such  school.  Children  not  more 
than  eighteen  nor  less  than  eight  years  of  age  may  be  admitted  to 
or  received  in  such  school,  either  (1)  upon  the  application  of  the 
parents  or  guardians  having  the  legal  custody  or  control  of  such 
children,  accompanied  by  the  written   consent  of   such  parents  or 


EDUCATION    LAW  191 

guardians,  or  (2)  upon  commitment  thereto  as  truants  or  incor- 
rigible pupils  as  provided  in  section  635  of  this  chapter,  or  (3)  upon 
commitment  thereto  as  juvenile  delinquents  as  provided  by  law, 
provided  that  children  convicted  of  crime  shall  not  be  committed 
to  such  school.  Children  who  have  no  homes  or  who  are  without 
proper  parental  control  or  who  are  under  improper  guardianship 
may  be  sent  to  and  received  in  such  school,  in  the  same  manner 
and  under  the  same  authority  as  in  case  of  other  children  who  are 
improperly  provided  for  at  home.      [Added  by  L.  1915,  ch.  307.] 

§  618  Agreements  with  parents  and  guardians  to  pay  expense 
of  maintenance;  compulsory  support.  The  board  of  managers 
may  make  an  agreement  with  the  parents  or  guardian  of  a  child 
in  such  school  far  the  payment  of  an  amount  therein  specified  for 
the  instruction  and  maintenance  of  such  pupil.  An  application  for 
the  admission  of  a  child  with  the  consent  of  the  parents  or  guardian 
shall  not  be  granted  unless  suitable  provision  be  made  for  the  cloth- 
ing of  such  child.  The  amount  agreed  to  be  paid  for  instruction, 
maintenance  and  clothing  shall  be  secured  to  the  satisfaction  of  the 
board  of  managers.  Such  board  shall  ascertain  by  investigation 
the  financial  ability  of  parents,  guardians,  and  other  persons  legally 
liable  for  the  support  of  pupils  admitted  to  such  school  upon  com- 
mitment, and  may  demand  of  such  parents,  guardians  or  persons 
the  payment  of  an  amount  reasonably  sufficient  to  pay  all  or  a  por- 
tion of  the  cost  of  the  instruction,  maintenance  and  clothing  of  such 
pupils.  The  board  ma}^  proceed  against  such  parents,  guardians  or 
persons,  by  proper  suit  or  proceeding  in  a  court  of  competent  juris- 
diction for  the  recovery  of  the  amount  agreed  or  required  to  be  paid, 
as  herein  provided.  The  amount  so  recovered,  after  the  payment 
of  the  necessary  costs  and  expenses  of  such  suit  or  proceeding, 
shall  be  paid  into  the  treasury  of  the  county,  and  shall  be  applied 
to  the  payment  of  the  cost  of  the  instruction,  maintenance  and 
clothing  of  such  pupils.     [Added  by  L.  1915,  ch.  307.] 

§  619  Maintenance  by  county.  The  board  of  supervisors  shall 
provide  for  the  maintenance  of  such  school,  the  repair  and  improve- 
ment of  the  lands  and  buildings  used  or  occupied  thereby,  and  the 
equipment  thereof  with  necessary  machinery,  tools,  apparatus  and 
supplies.  The  cost  thereof,  and  the  expenses  incurred  for  such  pur- 
poses, shall  be  charges  against  the  county  and  shall  be  audited  and 
paid  in  the  same  manner  as  other  charges  against  the  county.  The 
maintenance  herein  provided  for  shall  include  the  support,  instruc- 
tion, care,  board  and  clothing  of  pupils  and  such  other  expenses  as 


192  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

are  necessarily  incurred  in  the  operation  of  the  school.  [Added  by 
L,  1915,  ch.  207.] 

§  619-a  Reports  to  board  of  supervisors;  inspection.  The 
board  of  managers  of  such  school  sliall  report  in  writing  to  the 
board  of  supervisors  of  the  county  when  called  upon  to  do  so,  and 
shall  transmit  to  the  clerk  of  the  board,  annually,  on  or  before  the 
thirtieth  day  of  June.  Such  annual  report  shall  state  such  facts  in 
respect  to  the  school  as  the  board  of  managers  may  deem  advisable 
and  as  the  board  of  supervisors  may  require.  The  board  of  super- 
visors may,  by  a  committee  or  any  of  its  members  or  appointees, 
inspect  such  school,  and  for  such  purpose  may  enter  upon  the  land 
and  into  the  buildings  of  such  school  at  all  reasonable  times. 
[Added  by  L.  1915,  ch.  307.] 

§  619-b  Powers  of  Commissioner  of  Education  and  State 
Department  of  Education.  A  school  established  as  provided 
herein  shall  be  deemed  a  part  of  the  public  school  system  of  the 
State,  and  shall  be  subject  to  the  supervision  and  control  of  the 
Commissioner  of  Education  and  the  State  Department  of  Education 
in  the  same  manner  as  other  public  schools,  and  shall  not  be  subject 
to  any  of  the  laws  of  the  State  relating  to  charitable  or  penal 
institutions.     [Added  by  L.  1915,  ch.  207.] 

ARTICLE  23 

Compulsory  Education 

Section  620  Instruction   required 

621  Required  attendance  upon  instruction 

622  When  a  boy  is  required  to  attend  evening  school 

623  Instruction  elsewhere  than  at  a  public  school 

624  Duties  of  persons  in  paternal^  relation  to  children 

625  Penalty  for  failure  to  perform  paternaU  duty 

626  Unlawful  employment  of  children  and  minors 

627  Employer  must  file  employment  certificates  and  return  certificate 

to  minor  or  to  employment  certificating  officer 

628  Punishment  for  unlawful  employment  of  children  or  minors  and 

for  children  or  minors  being  insubordinate,  or  disorderly,  or 
unlawfully  engaged  in  the  sale  or  distribution  of  newspapers, 
periodicals  or  magazines 

629  Teachers  must  keep  record  of  attendance 

630  School  record  certificate 

631  Issuance    of    employment    certificates,    vacation    employment    cer- 

tificates, newsboy  permit  badges 

632  Attendance  officers 


1  So  in  original. 


EDUCATION    LAW  193 

Section  633  Arrest  of  truants 

634  Interference  with  attendance  officer 

635  Truant  schools 

636  Enforcement  of  law  and  withholding  the  state  moneys  by  Com- 

missioner   of    Education 

637  Attendance  of   illiterate  minors 

638  Certificates   of   principals   or  teachers 

§  620  Instruction  required.  The  instruction  required  under 
this  article  shall  be: 

1  At  a  public  elementary  school  in  which  at  least  the  nine 
common  school  branches  of  reading,  spelling,  writing,  arithmetic, 
English  language,  geography,  United  States  history,  civics  and 
hygiene  are  taught  in  English. 

2  At  a  public  school  of  higher  grade  in  which  the  English  lan- 
guage and  its  use  and  civics  are  taught  in  English  as  part  of  a 
regular  course  of  study  or  of  specialized  training;  or, 

3  Elsewhere  than  a  public  school  upon  instruction  in  the  same 
subjects  taught  in  English,  from  texts  written  in  English,  by  a 
competent  teacher.  [Amended  by  L.  1921,  ch.  386,  in  effect  Sep- 
tember 1,  1921.] 

§  621  Required  attendance  upon  instruction.  1  Every  child 
within  the  compulsory  school  ages  as  herein  prescribed,  in  proper 
physical  and  mental  condition  to  attend  school,  who  resides  in  a 
city  or  school  district  having  a  population  of  four  thousand  five 
hundred  or  more  and  employing  a  superintendent  of  schools,  shall' 
regularly  attend  upon  instruction  for  the  entire  time  during  which 
the  schools  of  such  city  or  district  are  in  session  as  follows: 

a  Each  child  between  seven  and  fourteen  years  of  age. 

b  Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  employed.  [Subdivision  1  amended  by  L. 
1917,  ch.  563,  and  L.  1921,  ch.  386,  in  effect  September  1,  1921.] 

2  Every  such  child,  residing  elsewhere  than  in  a  city  or  school 
district  having  a  population  of  four  thousand  five  hundred  or  more 
and  employing  a  superintendent  of  schools,  shall  attend  upon  instruc- 
tion during  the  entire  time  that  the  school  in  the  district  shall  be  in 
session,  as  follows : 

a  Each  child  between  eight  and  fourteen  years  of  age. 

b  Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  engaged  in  any  useful  employment  or  service. 

c  The  period  of  which  any  such  school  shall  be  in  session  shall 
not  be  less  than  one  hundred  and  eighty  days  of  actual  school. 
[Subdivision  2  amended  by  L.  1913,  ch.  511,  and  L.  1921,  ch.  386, 
in  effect  September  1,  1921.] 


194  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

3  A  child  within  the  prescribed  ages  as  provided  by  this  section 
shall  be  deemed  in  proper  physical  and  mental  condition  to  attend 
upon  instruction  unless  a  certificate  shall  have  been  issued  by  the 
school  authorities  that  the  child  is  not  in  proper  physical  and  mental 
condition  to  so  attend.  No  physical  condition  which  is  capable  of 
correction  shall  avail  as  a  defense  under  the  provisions  of  this 
article  unless  it  shall  be  made  to  appear  that  all  reasonable  measures 
for  the  correction  of  the  condition  and  the  suitable  instruction  of 
the  child  have  been  taken.  [Subdivision  3  as  amended  by  L.  1911, 
ch.  710  repealed;  and  subdivision  4  as  added  by  L.  1919,  ch.  232 
renumbered  subdivision  3,  by  L.  1921,  ch.  386,  in  effect  September 
1,  1921,] 

§  622  When  a  boy  is  required  to  attend  evening  school. 
[Section  repealed  by  L.  1919,  ch.  531,  in  effect  August  1,  1919.] 

§  623  Instruction  elsewhere  than  at  a  public  school.  If  any 
such  child  shall  so  attend  upon  instruction  elsewhere  than  at  a 
public  school,  such  instruction  shall  be  at  least  substantially  equiva- 
lent to  the  instruction  given  children  of  like  age  at  the  public  school 
of  the  city  or  district  in  which  such  child  resides ;  and  such  attend- 
ance shall  be  for  at  least  as  many  hours  each  day  thereof  as  are 
required  of  children  of  like  age  at  public  schools;  and  no  greater 
total  amount  of  holidays  or  vacations  shall  be  deducted  from  such 
attendance  during  the  period  such  attendance  is  required  than  is 
allowed  in  such  public  school  to  children  of  like  age.  Occasional 
absences  from  such  attendance,  not  amounting  to  irregular  attend- 
ance in  the  fair  meaning  of  the  term,  shall  be  allowed  upon  such 
excuses  only  as  would  be  allowed  in  like  cases  by  the  general  rules 
and  practice  of  such  public  school. 

If  a  child  required  to  attend  upon  instruction  as  provided  in 
this  article  does  not  attend  at  a  public,  private  or  parochial  school 
maintained  in  the  city  or  district  in  which  the  parent  or  guardian 
of  said  child  resides,  such  parent  or  guardian  shall  upon  request 
furnish  satisfactory  proof  to  the  local  school  authorities  of  said 
city  or  district  that  said  child  or  ward  is  attending  upon  lawful 
instruction  elsewhere.  [Amended  by  L.  1917,  ch.  563,  in  effect 
May  18,  1917.] 

§  624  Duties    of    persons    in    parental    relation    to    children. 

1  Every  person  in  parental  relation  to  a  child  within  the  compulsory 
school  ages  as  prescribed  by  section  621  of  this  chapter  who  is  in 
proper  physical  and  mental  condition  to  attend  school,  shall  cause 
such  child  to  attend  upon  instruction,  as  therein  required.  [Sub- 
division  1  amended  by  L.  1921,  ch.  386,  in  effect  September  1,  1921.] 


EDUCATION    LAW  195 

',  2  (a)  At  the  time  a  child  of  school  age  begins  to  attend  upon 
3truction  at  a  public  school  or  elsewhere,  the  person  in  parental 
lation  to  such  child  shall  submit  to  the  school  authorities  or  to 
the  person  having  control  or  charge  of  the  instruction  of  such  child, 
as  evidence  of  age,  a  duly  attested  transcript  of  the  birth  certificate 
filed  according  to  law  with  a  registrar  of  vital  statistics  or  other 
officer  charged  with  the  duty  of  recording  births;  or  a  passport; 
or  a  duly  attested  transcript  of  a  certificate  of  baptism  showing 
the  date  of  birth  of  such  child. 

(b)  In  case  no  acceptable  documentary  evidence  of  age  as  above 
required  can  be  produced  by  the  person  in  parental  relation  to  the 
child,  he  shall  then  make  an  affidavit  showing  that  such  required 
documentary  evidence  can  not  be  produced.  Such  affidavit  shall 
contain  the  date  and  place  of  birth,  and  the  present  residence  of 
such  child,  which  affidavit  must  be  taken  before  an  officer  of  the 
board  of  education  duly  designated  by  such  board  for  the  purpose, 
and  who  is  hereby  authorized  and  required  to  administer  such  oath, 
and  such  other  oaths  as  may  be  necessary  by  the  provisions  of  this 
act,  and  who  shall  not  demand  or  receive  a  fee  therefor. 

(c)  Such  affidavit  shall  be  filed  with  the  school  authorities,  and 
a  duly  attested  transcript  thereof  shall  be  furnished  upon  request 
to  the  person  having  control  or  charge  of  the  instruction  of  such 
child.  [Subdivision  2  amended  by  L.  1921,  ch.  386,  in  effect  Sep- 
tember 1,  1921.] 

3  Upon  request  of  the  school  authorities,  the  board  or  depart- 
ment of  health  shall  furnish  a  duly  attested  transcript  of  the  birth 
certificate  filed  according  to  law  of  a  child  seeking  admission  to 
school.  Such  transcript  shall  be  written  in  ink  or  typewritten  and 
shall  be  kept  on  file  by  the  school  authorities  until  the. child  leaves 
school  to  take  up  employment  or  becomes  eighteen  years  of  age. 
[Subdivision  3  added  by  L.  1921,  ch.  386,  in  effect  September  1, 
1921.] 

§  625  Penalty  for  failure  to  perform  parental  duty.  A  viola- 
tion of  section  624  shall  be  a  misdemeanor,  punishable  for  the  first 
offense  by  a  fine  not  exceeding  five  dollars,  or  five  days'  imprison- 
ment, and  for  each  subsequent  offense  by  a  fine  not  exceeding  fifty 
dollars,  or  by  imprisonment  not  exceeding  thirty  days,  or  by  both 
such  fine  and  imprisonment.  Courts  of  special  sessions  and  police 
magistrates  shall,  subject  to  removal  as  provided  in  sections  57  and 
58  of  the  Code  of  Criminal  Procedure,  have  exclusive  jurisdiction 
in  the  first  instance  to  hear,  try  and  determine  charges  of  violations 
of  this  section  within  their  respective  jurisdictions.    A  duly  attested 


196  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

transcript  of  the  record  of  attendance  and  absence  of  a  child  which 
has  been  kept  by  a  teacher,  as  provided  in  section  629  of  this  chap- 
ter, shall  be  accepted  as  presumptive  evidence  of  the  attendance  of 
such  child  in  any  proceeding  brought  under  the  provisions  of  this 
article.     [Amended  by  L.  1919,  ch.  232,  in  effect  April  15,  1919.] 

§  626  Unlawful  employment  of  children  and  minors. 

A  It  shall  be  unlawful  when  attendance  upon  instruction  is 
required  to  employ  in  any  business  or  service  whatever, 

1  A  child  under  fourteen  years  of  age, 

2  A  minor  included  under  the  following  subdivisions  who  does 
not  at  the  time  of  such  employment  present  an  employment  cer- 
tificate issued  according  to  law,  namely: 

a  A  minor  between  fourteen  and  sixteen  years  of  age, 

b  After   September   first,   nineteen   hundred   and   twenty-five,   in 

a  city  having  a  population  of  five  thousand  or  more  a  minor  between 

sixteen  and  seventeen  years  of  age.      [Subdivision  A  amended  by 

L.  1921,  ch.  386,  in  effect  September  1,  1921.] 

B  It  shall  be  unlawful  when  attendance  upon  instruction  is  not 

required: 

1  To  employ  in  any  business  or  service,  except  as  hereinafter 
provided : 

a  A  child  under  fourteen  years  of  age. 

b  A  minor  between  fourteen  and  sixteen  years  of  age  who  does 
not  at  the  time  of  such  employment  present  a  regular  employment 
certificate  or  a  vacation  employment  certificate  issued  according  to 
law.  A  vacation  employment  certificate  shall  be  valid,  however, 
only  for  employment  on  days  when  attendance  upon  instruction 
is  not  required  and  only  in  or  in  connection  with  employment  in  a 
mercantile  establishment  or  business  office  or  in  outdoor  work. 

2  To  employ  in  the  sale  or  distribution  of  newspapers,  period- 
icals or  magazines  or  to  permit  to  be  employed  or  engaged  in  such 
sale  or  distribution  (a)  a  boy  under  twelve  years  of  age;  (b)  a  girl 
under  sixteen  years  of  age;  (c)  a  boy  between  twelve  and  sixteen 
years  of  age  who  does  not  possess  a  newsboy  permit  badge  issued 
according  to  law  and  not  revoked.  No  such  boy  shall  engage  in 
or  be  employed  in  such  sale  or  distribution  before  six  o'clock  in 
the  morning  nor  after  eight  o'clock  in  the  evening.  [Subdivision 
B  amended  by  L.  1921,  ch.  386,  in  effect  September  1,  1921.] 

C  When  attendance  upon  instruction  is  not  required  the  pro- 
visions of  this  section  shall  not  apply  to  the  employment  of  children 
over  twelve  years  of  age  in  farm  service  or  outdoor  work  not  con- 
nected with  or   for  a '  factory  or   other   establishment   specified  in 


EDUCATION    LAW  197 

sectiofi  130  of  the  labor  law  and  not  prohibited  or  regulated  by  any 
provisions  of  the  penal  law.  [Subdivision  C  amended  by  L.  1921, 
ch.  386,  in  effect  September  1,  1921.] 

D  Every  person  in  parental  relation  to  a  child  or  minor  subject 
to  the  provisions  of  this  section  shall  cause  such  child  or  minor  to 
comply  therewith.  [Subdivision  D  amended  by  L.  1921,  ch.  386, 
in  effect  September  1,  1921.] 

§  627  Employer  must  file  employment  certificates  and  return 
certificate  to  minor  or  to  employment  certificating  officer.  The 
employer  of  any  minor  between  fourteen  and  eighteen  years  of 
age  in  a  city  or  district  shall  keep  and  shall  file  in  the  place  where 
such  minor  is  employed,  the  employment  certificate  or  vacation 
employment  certificate  of  the  minor,  if  such  minor  is  required  to 
obtain  such  an  employment  certificate  under  the  provisions  of  sec- 
tion 626  of  this  chapter. 

Within  three  days,  he  shall  report  to  the  employment  certificating 
officer  the  beginning  of  the  minor's  employment  and  upon  the  sur- 
render of  the  minor's  identification  certificate  shall  return  his 
employment  certificate  to  him  and  mail  his  identification  certificate 
to  the  employment  certificating  officer,  but  if  the  minor  terminates 
his  employment  without  notice  or  without  the  surrender  of  his 
identification  certificate,  then  the  employer  shall  return  at  once  to 
the  employment  certificating  officer  the  minor's  employment  cer- 
tificate. In  the  case  of  a  minor  to  whom  a  vacation  employment 
certificate  or  a  general  employment  certificate  for  agricultural  work 
only  is  issued,  the  employer  shall  endorse  thereon  the  dates  of  the 
beginning  and  termination  of  the  minor's  employment  and  a  descrip- 
tion of  the  work  performed.  [Amended  by  L.  1913,  ch.  748 ;  L. 
1921,  ch.  386;  and  L.  1922,  ch.  464,  in  effect  April  5,  1922.] 

§  628  Punishment  for  unlawful  employment  of  children  or 
minors,  and  for  children  or  minors  being  insubordinate  or  disor- 
derly or  unlawfully  engaged  in  the  sale  or  distribution  of  news- 
papers, periodicals  or  magazines.  1  Any  person,  firm  or  corpo- 
ration or  any  officer,  manager,  superintendent  or  employee  acting 
therefor  who  violates  the  provisions  of  sections  626  and  627  of  this 
chapter  and  any  person  in  parental  relation  to  a  child  or  minor 
included  by  the  provisions  of  this  chapter  who  does  not  cause  such 
child  or  minor  to  be  subordinate  and  orderly  when  in  'attendance 
upon  instruction  as  required  by  this  chapter  and  to  comply  with  the 
provisions  of  section  626  and  631  of  this  chapter  shall  be  guilty 
of  a  misdemeanor  and  the  punishment  therefor  shall  be  for  a  first 
offense  a  fine  of  not  more  than  fifty  dollars ;  or  imprisonment  for 


198  THE    UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

not  more  than  ten  days;  for  a  second  and  each  subsequent  offense, 
a  fine  of  not  more  than  two  hundred  dollars  or  both  such  fine  and 
imprisonment.  A  prosecution  instituted  under  this  section  shall  be 
deemed  a  bar  to  prosecution  under  the  provisions  of  any  other 
statute  based  on  the  same  state  of  facts.  [Subdivision  1  amended 
by  L.  1913,  ch.  748;  L.  1921,  ch.  386;  and  L.  1922,  ch.  464,  in  effect 
April  5,  1922.] 

2  In  case,  however,  the  person  in  parental  relation  to  such  a  child 
or  minor  establishes  to  the  satisfaction  of  the  court  that  the  child 
or  minor  is  beyond  his  control  such  child  or  minor  shall  then  be 
subject  to  the  provisions  of  section  635  of  this  chapter,  except  in 
respect  to  unlawful  employment,  and  in  the  discretion  of  the  school 
authorities  may  be  proceeded  against  for  violation  of  this  act.  [Sub- 
division 2  added  by  L.  1921,  ch.  386;  and  amended  by  L.  1922,  ch. 
464,  in  effect  April  5,  1922.] 

3  Attendance  officers  who  are  hereby  vested  with  the  powers  of 
peace  officers  for  the  purpose  shall  enforce  the  provisions  of  this 
act.  [Subdivision  3  added  by  L.  1921,  ch.  386;  and  amended  by 
L.  1922,  ch.  464,  in  effect  April  5,  1922.] 

§  629  Teachers  must  keep  record  of  attendance.  An  accurate 
record  of  the  attendance  of  all  children  between  seven  and  sixteen 
years  of  age  shall  be  kept  by  the  teacher  of  every  school,  showing 
each  day  by  the  year,  month,  day  of  the  month  and  day  of  the 
week,  such  attendance,  and  the  number  of  hours  in  each  day  thereof ; 
and  each  teacher  upon  whose  instruction  any  such  child  shall  attend 
elsewhere  than  at  school,  shall  keep  a  like  record  of  such  attend- 
ance. Such  record  shall,  at  all  times,  be  open  to  the  attendance 
officers  or  other  person  duly  authorized  by  the  school  authorities  of 
the  city  or  district,  who  may  inspect  or  copy  the  same ;  and  every 
such  teacher  shall  fully  answer  all  inquiries  lawfully  made  by  such 
authorities,  inspectors,  or  other  persons,  and  a  wilful  neglect  or 
refusal  so  to  answer  any  such  inquiry  shall  be  a  misdemeanor. 

§  630  School  record  certificate.  1  A  school  record  certificate 
shall  be  issued  to  a  minor  entitled  thereto  as  follows :  a  To  a  minor 
between  fourteen  and  fifteen  years  of  age  who  is  a  graduate  of  a 
public  elementary  school  or  parochial  school  or  other  school  in  which 
the  subjects  enumerated  in  section  620  of  this  chapter  are  taught 
as  therein  required  or  who  holds  a  preacademic  certificate  issued 
by  the  Regents  and  who  has  attended  upon  lawful  instruction  for 
not  less  than  one  hundred  and  thirty  days  in  any  of  the  following 
periods  of   twelve  months:     (1)   That  between  his  thirteenth   and 


il 


EDUCATION    LAW  199 

fourteenth  birthdays;  (2)  That  next  preceding  graduation;  (3) 
That  next  preceding  his  appHcation  for  the  certificate. 

b  To  a.  minor  between  fifteen  and  sixteen  years  of  age  who  has 
completed  the  work  prescribed  for  the  first  six  years  of  the  course 
of  study  of  a  public  elementary  school,  or  a  parochial  school,  or  a 
school  of  equal  rank  in  which  the  subjects  enumerated  in  section  620 
of  this  chapter  are  taught  as  therein  required  and  who  has  attended 
upon  lawful  instruction  in  the  twelve  months  between  his  thirteenth 
and  fourteenth  birthdays  or  in  the  twelve  months  next  preceding  his 
application  for  said  certificate  for  not  less  than  one  hundred  and 
thirty  days. 

c  To  a  minor  between  sixteen  and  seventeen  years  of  age  irre- 
spective of  his  educational  attainments  and  attendance  upon 
instruction. 

d  Any  portion  of  the  one  hundred  and  thirty  days'  attendance 
required  for  the  issuance  of  a  school  record  certificate  lacking  at 
the  time  application  for  its  issuance  is  made  shall,  if  made  up  by 
regular  attendance  within  ninety  days  thereafter,  be  regarded  as 
attendance  within  the  prescribed  period.  [Subdivision  1  amended 
by  L.  1913,  ch,  101;  L.  1917,  ch.  563;  and  L.  1921,  ch.  386,  in  effect 
September  1,  1921.] 

2  The  person  issuing  a  school  record  certificate  shall  certify  the 
date  of  birth  of  the  minor,  his  place  of  residence,  the  names  of 
the  persons  in  parental  relation  to  the  minor  and  the  other  appro- 
priate facts  set  forth  in  items  a  and  b  oi  subdivision  one  of  this 
section  as  shown  by  the  school  records ;  but  in  the  case  of  a  minor 
between  sixteen  and  seventeen  years  of  age,  he  shall  then  certify 
under  those  items  the  grade  or  class  reached  by  the  minor;  if,  how- 
ever, such  a  minor  is  not  in  attendance  upon  instruction,  or  if  this 
and  other  required  information  is  not  readily  obtainable  then  there- 
upon issuing  the  school  record  certificate  shall  certify  the  same 
facts  as  determined  to  the  best  of  his  ability.  [Subdivision  2 
amended  by  L.  1921,  ch.  386,  in  effect  September  1,  1921.] 

3  School  record  certificate  shall  be  issued  only  by  the  following 
persons : 

a  In  a  city  of  the  first  class  by  the  principal  or  chief  executive 
officer  of  a  school. 

&  In  a  city  or  school  district  having  a  population  of  four  thousand 
five  hundred  or  more  and  employing  a  superintendent  of  schools, 
by  the  superintendent  of  schools. 

c  In  all  other  school  districts  by  the  principal  teacher  of  the 
school. 


200  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

d  During  the  months  of  July  and  August,  and  at  other  times  in 
extraordinary  and  emergency  circumstances  by  one  or  more  public 
school  officials  deputized  in  writing  by  the  superintendent  of  schools. 
The  school  record  certificate  shall  be  granted  on  demand  to  any 
minor  lawfully  entitled  thereto.  {Subdivision  3  formerly  sub- 
division 2  in  part,  amended  and  renumbered  by  L.  1921,  ch.  386, 
in  effect  September  1,  1921.] 

§  631  Issuance  of  employment  certificates,  vacation  employ- 
ment certificates,  newsboy  permit  badges.  1  A  general  employ- 
ment certificate  shall  be  valid  only  for  the  regular  and  permanent 
employment  of  a  minor  by  the  employer  named  therein  except  when 
issued  for  agricultural  work  only. 

2  A  vacation  employment  certificate  and  a  general  employment 
certificate  for  agricultural  work  only  shall  be  valid  for  the  temporary 
employment  of  a  minor  by  successive  employers. 

3  A  vacation  employment  certificate  shall  be  valid  for  the  employ- 
ment of  a  minor  in  a  mercantile  establishment  or  business  office 
or  in  outdoor  work  when  attendance  upon  instruction  is  not  required 
but  not  in  a  factory  nor  before  morning  school  hours.  It  shall 
be  issued  at  the  discretion  of  the  employment  certificating  officer 
for  a  definite  period  not  exceeding  five  months,  but  if  any  such 
certificate  expires  between  the  first  day  of  July  and  the  thirty-first 
day  of  August,  it  shall,  notwithstanding,  continue  in  force  until  the 
thirty-first  day  of  August  of  such  year. 

4  An  employment  certificate  shall  not  be  valid  for  the  employ- 
ment of  a  girl  under  eighteen  years  of  age  to  deliver  messages  or 
articles  of  any  kind  outside  of  the  place  of  her  employment. 

5  A  minor  while  employed  shall  keep  in  his  possession  the  iden- 
tification certificate  issued  to  him  and  shall  produce  -it  on  demand 
of  a  representative  of  the  department  of  labor  or  of  the  school 
authorities. 

6  Employment  certificates,  vacation  employment  certificates  and 
newsboy  permit  badges  shall  be  issued  only  by  the  following  officials : 
In  cities  and  school  districts  having  a  population  of  four  thousand 
five  hundred  or  more,  by  the  superintendent  of  schools,  elsewhere 
by  the  district  superintendent;  provided  that  any  such  superintend- 
ent of  schools  may  authorize  and  deputize  in  writing  one  or  more 
public  school  officials  other  than  attendance  officers  to  act  in  his 
stead,  as  employment  certificating  officers  in  accordance  with  the 
regulations  of  the  Commissioner  of  Education.  The  number  of 
persons  so  deputized  as  employment  certificating  officers,  except  for 
the  purpose  of   issuing   newsboy  permit  badges,   shall   not   exceed 


EDUCATION    LAW  201 

the  proportion  of  one  for  each  quarter  million  of  the  population 
or  fraction  thereof  of  any  such  city  or  school  district.  A  district 
superintendent  under  the  rules  laid  down  by  the  Commissioner  of 
Education  may  deputize  in  writing  such  principals  of  union  free 
schools,  school  officers,  or  employees,  other  than  attendance  officers 
as  may  be  necessary  to  act  as  employment  certificating  officers. 

7  Procedure.  A  general  employment  certificate  shall  be  issued 
for  a  minor  between  fourteen  and  eighteen  years  of  age  in  accord- 
ance with  the  following  procedure: 

A  The  parent,  guardian  or  custodian  of  the  minor  shall  make 
application  in  person  for  the  issuance  of  a  school  record  certificate 
to  the  principal,  chief  executive  officer  of  the  school  which  the 
minor  attends  or  as  otherwise  provided  in  section  630  of  this  chapter. 

B  The  minor  shall  then  present  the  application  of  parent,  the 
school  record  certificate  and  evidence  of  age  as  hereinafter  pre- 
scribed to  the  employment  certificating  officer  for  examination  and 
approval.  If  any  of  these  papers  are  unsatisfactory  the  employ- 
ment certificating  officer  shall  reject  the  applicant.  If  they  are 
approved  and  if  the  minor  is  under  sixteen  years  of  age  and  is  not 
a  graduate  of  an  elementary  school  course  of  study,  he  shall  also 
test  the  minor  as  to  his  ability  to  read  and  write  simple  sentences 
in  the  English  language,  and  shall  sign  and  file  a  statement  as  to 
the  minor's  ability  in  these  respects  together  with  the  sentences 
written  by  the  minor.  If  the  minor  fails  in  the  test  he  shall  be 
rejected,  but  if  he  succeeds  or  if  he  is  not  required  to  take  the  test, 
the  employment  certificating  officer  shall  transmit  the  evidence  of 
age  to  the  board  of  health. 

C  Such  board  shall  designate  a  medical  officer  who  shall  make 
a  thorough  physical  examination  of  the  minor.  He  shall  record 
the  results  of  the  examination  and  such  other  facts  concerning  the 
minor's  physical  condition  and  history  as  may  be  required  on  the 
record  of  physical  examination  provided  for  that  purpose.  If  the 
medical  officer  shall  find  that  the  minor  has  reached  the  normal 
development  of  a  child  of  his  age  and  is  in  sound  health,  he  shall 
then  issue  to  the  minor  a  certificate  of  physical  fitness  stating  these 
facts.  If  he  finds  the  minor  to  be  physically  unfit  in  either  of  these 
respects  he  shall  certify  these  facts  and  return  the  evidence  of  age 
to  the  employment  certificating  officer  who  shall  reject  the  applicant. 

D  If  the  minor  receives  a  certificate  of  physical  fitness  and  is 
under  sixteen  years  of  age  the  employment  certificating  officer  shall 
issue  to  the  minor  a  statement  that  an  employment  certificate  will 
be  granted  to  him  upon  the  presentation  of  a  statement  signed  by 


202  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  prospective  employer  or  by  his  duly  authorized  representative 
that  he  expects  to  give  the  minor  present  employment  and  setting 
forth  the  character  of  such  employment  and  the  number  of  hours 
per  day  and  per  week  which  the  minor  will  be  employed  and  the 
location  of  the  place  of  employment. 

E  Upon  the  presentation  by  the  minor  of  the  statement  signed 
by  the  prospective  employer  or  if  the  minor  be  more  than  sixteen 
years  of  age  upon  the  receipt  of  the  certificate  of  physical  fitness, 
the  employment  certificating  officer  shall  issue  to  the  minor  a  general 
employment  certificate  together  with  an  identification  certificate  con- 
taining the  number  of  the  employment  certificate  and  the  principal 
facts  entered  thereon. 

F  The  employment  certificating  officer  shall  sign  an  employment 
certificate  and  the  minor  to  whom  it  is  issued  shall  sign  it  in  his 
presence. 

8  For  the  issuance  of  a  general  employment  certificate  for  agri- 
cultural work  only  no  statement  of  the  prospective  employer  shall 
be  required;  for  the  issuance  of  a  vacation  employment  certificate, 
the  school  record  certificate  and  the  test  in  reading  and  writing 
shall  (not)^  be  required,  otherwise  the  foregoing  procedure  shall 
be  followed. 

9  Contents  of  employment  certificate.  An  employment  certificate 
shall  contain  the  name,  place  of  residence,  date  of  birth,  height, 
color  of  hair  and  color  of  eyes  of  the  minor.  Except  in  the  case 
of  a  general  employment  certificate  for  agricultural  work  only  and 
a  vacation  employment  certificate  it  shall  also  contain  the  name  and 
place  of  business  of  the  prospective  employer  and  a  description  of 
the  work  which  the  minor  expects  to  perform. 

10  Reissuance  of  employment  certificates.  Any  employed  minor 
between  fourteen  and  eighteen  years  of  age  for  whom  an  employ- 
ment certificate  is  required  by  the  provisions  of  this  chapter,  shall 
obtain  a  new  employment  certificate  before  taking  up  new  employ- 
ment, except  a  minor  to  whom  a  general  employment  certificate  for 
agricultural  work  only  or  a  vacation  employment  certificate  has 
been  issued,  and  unless  he  shall  be  in  possession  of  an  employment 
certificate  lawfully  issued  to  him  prior  to  September  first,  nineteen 
hundred  and  twenty-one.  He  shall  be  entitled  thereto  upon  the 
return  to  the  employment  certificating  officer  of  the  old  employment 
certificate  or  of  his  identification  certificate  and  if  the  minor  is 
between  fourteen  and  sixteen  years  of  age  upon  the  presentation 


1  Word  "  not  "  omitted  in  original. 


1 


EDUCATION    LAW  203 

to  such  officer  of  a  statement  from  the  prospective  employer  as 
hereinbefore  provided.  But  if  the  employment  certificate  formerly 
issued  cannot  be  produced  and  if  the  employment  certificating  officer 
is  satisfied  that  the  minor's  application  is  made  in  good  faith,  pro- 
vided it  can  be  shown  that  such  a  certificate  had  been  issued  to  the 
minor,  then  the  employment  certificating  officer  may  issue  to  the 
minor  a  new  employment  certificate. 

11  Evidence  of  age.  The  evidence  of  age  shall  show  that  the 
child  is  at  least  the  age  required  for  the  issuance  of  the  school 
record  certificate  and  shall  be  as  follows : 

a  Birth  certificate:  passport  or  baptismal  certificate.  A  certified 
transcript  of  the  birth  certificate  filed  according  to  law ;  a  duly  certi- 
fied transcript  of  a  record  of  baptism  or  a  passport,  showing  the 
date  of  birth  of  the  child. 

h  Other  documentary  evidence.  If  the  child  appears  to  the 
employment  certificating  officer  to  be  of  the  required  age  and  can 
furnish  none  of  the  evidence  mentioned  in  subdivision  a  but  can 
furnish  other  satisfactory  documentary  evidence  of  age,  such  officer 
may  accept  such  documentary  evidence  as  sufficient  as  to  the  age  of 
such  child,  and  shall  file  a  statement  showing  such  facts  and  the 
nature  of  the  evidence. 

c  Physicians'  certificates  of  age.  If  the  child  appears  in  the 
school  records  and  to  the  employment  certificating  officer  to  be 
the  required  age  and  can  furnish  no  documentary  evidence  of  age, 
the  employment  certificating  officer  may  receive  an  application  signed 
by  the  child's  parent,  guardian,  or  custodian  for  physicians'  cer- 
tificates as  herein  provided.  The  application  shall  be  on  file  for 
not  less  than  forty  days  and  shall  contain  (1)  The  name,  the  place 
and  date  of  birth  and  the  present  residence  of  the  child;  (2)  such 
further  facts  as  may  aid  in  determining  the  child's  age.  If  within 
such  period  no  facts  appear  to  contradict  any  material  statement  of 
such  application  the  officer  shall  direct  the  child  to  appear  for  phys- 
ical examination  before  two  physicians  who  shall  be  designated  by 
the  board  of  health.  If  the  physicians  certify  in  writing  that  they 
have  separately  examined  the  child  and  that  the  child  is  at  least  of 
the  required  age,  such  certificate  shall  be  sufficient  evidence  of  age. 
If  their  opinions  do  not  concur  the  child  shall  be  examined  by  a 
third  physician  similarly  designated  and  the  concurring  opinions 
shall  be  accepted  as  evidence  of  the  age  of  the  child. 

d  The  employment  certificating  officer  shall  require  evidence  of 
age  in  the  order  designated  in  this  subdivision  and  shall  not  accept 
the  evidence  permitted  in  paragraph  h  ov  c  oi  this  subdivision  unless 


204  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

he  receives  and  files  in  addition  a  statement  signed  by  the  child's 
parent,  guardian  or  custodian  that  he  has  made  every  effort  to 
obtain  the  evidence  specified  in  the  preceding  paragraph  or  para- 
graphs and  that  none  can  be  procured. 

12  Fee  for  making  physical  examinations.  Except  in  a  city  of 
the  first  class  and  of  the  second  class,  a  fee  not  exceeding  fifty  cents 
shall  be  paid  to  the  physician  designated  by  the  board  of  health  for 
the  physical  examination  required  by  the  provisions  of  this  section 
and  this  fee  shall  be  a  charge  against  the  city,  town  or  village  where 
the  child  resides. 

13  Newsboy  permit  badge,  a  When  the  schools  are  in  session 
a  newsboy  permit  badge  shall  be  issued  only  on  the  personal  appli- 
cation of  the  parent,  guardian  or  custodian  to  the  principal  of  the 
school  the  boy  attends  and  the  certificate  of  such  principal  that  the 
boy  is  of  normal  development  and  physically  fit  for  such 
empolyment^  and  is  twelve  years  of  age  or  upwards  as  shown  by 
the  school  records,  and  when  the  schools  are  not  in  session  upon 
the  similar  certification  as  complete  as  may  be  of  the  employment 
certificating  officer,  who  in  either  case  shall  file  the  certificate. 

b  The  newsboy  permit  badge  shall  be  worn  in  plain  sight  when- 
ever the  boy  to  whom  it  was  issued  is  engaged  in  the  work  it  author- 
izes him  to  do. 

14  Revocation  of  employment  certificates  and  newsboy  permit 
badges.  An  employment  certificate  or  a  newsboy  permit  badge  may 
be  revoked  for  cause  by  the  superintendent  of  schools  or  the  district 
superintendent  of  schools  within  their  respective  jurisdictions. 

15  Any  person  who  makes  a  false  statement  in  or  in  relation  to 
any  employment  certificate  as  to  any  matters  required  by  this  act 
or  in  any  affidavit,  record,  transcript  or  certificate  therein  provided 
for,  is  guilty  of  an  offense,  punishable  in  each  case  by  a  fine  of 
not  more  than  a  hundred  dollars  or  by  imprisonment  for  not  more 
than  sixty  days,  or  by  both  such  fine  and  imprisonment. 

16  The  Commissioner  of  Education  is  hereby  authorized  to  pre- 
scribe the  form  and  content  of  all  certificates  and  newsboy  permit 
badges  required  by  this  chapter  except  that  in  the  case  of  the  record 
of  physical  examination,  the  approval  of  the  Commissioner  of  Health 
shall  also  be  required,  and  in  the  case  of  the  employment  certificate 
the  approval  of  the  Industrial  Commissioner.  [Amended  by  L. 
1913,  ch.  748;  L.  1921,  ch.  386;  and  L.  1922,  ch.  464,  in  effect 
April  5,  1922.] 


1  So  in  original. 


EDUCATION    LAW  205 

§  632  Attendance  officers.  1  The  school  authorities  of  each 
city,  union  free  school  district,  or  common  school  district  whose 
limits  include  in  whole  or  in  part  an  incorporated  village,  shall 
appoint  and  may  remove  at  pleasure  one  or  more  attendance  officers 
of  such  city  or  district,  and  shall  fix  their  compensation  and  may 
prescribe  their  duties  not  inconsistent  with  this  article  and  make 
rules  and  regulations  for  the  performance  thereof ;  and  the  super- 
intendent of  schools  shall  supervise  the  enforcement  of  this  article 
within  such  city  or  school  district. 

2  The  town  board  of  each  town  shall  appoint,  subject  to  the 
written  approval  of  the  school  commissioner  of  the  district,  one  or 
more  attendance  officers,  whose  jurisdiction  shall  extend  over  all 
school  districts  in  said  town,  and  which  are  not  by  this  section  other- 
wise provided  for;  and  shall  fix  their  compensation,  which  shall  be 
a  town  charge;  and  such  attendance  officers,  appointed  by  said 
board,  shall  be  removable  at  the  pleasure  of  the  school  commissioner 
in  whose  commissioner  district  such  town  is  situated. 

§  633  Arrest  of  truants.  1  The  attendance  officer  may  arrest 
without  a  warrant  any  child  between  seven  and  sixteen  years  of 
age  who  is  a  truant  from  instruction  upon  which  he  is  lawfully 
required  to  attend  within  the  city  or  district  of  such  attendance 
officer.  He  shall  forthwith  deliver  the  child  so  arrested  to  a  teacher 
from  whom  such  child  is  then  a  truant,  or,  in  case  of  habitual  and 
incorrigible  truants,  shall  bring  them  before  a  police  magistrate  for 
commitment  to  a  truant  school  as  provided  in  section  635. 

2  The  attendance  officer  shall  promptly  report  such  arrest  and 
the  disposition  which  he  makes  of  such  child,  to  the  school  authori- 
ties of  the  said  city  or  district  where  such  child  is  lawfully  required 
to  attend  upon  instruction. 

3  A  truant  officer  in  the  performance  of  his  duties  may  enter, 
during  business  hours,  any  factory,  mercantile  or  other  establish- 
ment within  the  city  or  school  district  in  which  he  is  appointed  and 
shall  be  entitled  to  examine  employment  certificates  or  registry  of 
children  employed  therein  on  demand. 

§  634  Interference  with  attendance  officer.  Any  person  inter- 
fering with  an  attendance  officer  in  the  lawful  discharge  of  his  duties 
and  any  person  owning  or  operating  a  factory,  mercantile  or  other 
establishment  who  shall  refuse  on  demand  to  exhibit  to  such  attend- 
ance officer  the  registry  of  the  children  employed  or  the  employ- 
ment certificate  of  such  children  shall  be  guilty  of  a  misdemeanor. 

§  635  Truant  schools.  1  The  school  authorities  of  any  city 
or  school  district  may  establish  schools,  or  set  apart  separate  rooms 


206  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

in  public  school  buildings,  for  children  between  seven  and  seven- 
teen years  of  age,  who  are  habitual  truants  from  instruction  upon-] 
which  they  are  lawfully  required  to  attend,  or  who  are  insubordi- 
nate or  disorderly  during  their  attendance  upon  such  instruction, 
or  irregular  in  such  attendance.  Such  school  or  room  shall  be 
known  as  a  truant  school;  but  no  person  convicted  of  crimes  or 
misdemeanors,  other  than  truancy,  shall  be  committed  thereto. 
[Subdivision  1  amended  by  L.  1921,  ch.  386,  in  effect  September  1, 
1921.] 

2  School  authorities  may  provide  for  the  confinement,  mainte- 
nance and  instruction  of  any  child  who  is  an  habitual  truant  from 
instruction  upon  which  he  is  lawfully  required  to  attend,  or  is  insub- 
ordinate or  disorderly  during  attendance  upon  such  instruction,  or 
is  iregular^  in  such  attendance  in  such  schools;  and  they  or  the 
superintendent  of  schools  in  any  city  or  school  district,  may,  after 
reasonable  notice  to  such  child  and  the  persons  in  parental  relation 
to  such  child,  and  an  opportunity  for  them  to  be  heard,  and  with 
the  consent  in  writing  of  the  persons  in  parental  relation  to  such 
child,  order  such  child  to  attend  such  school,  or  to  be  confined  and 
maintained  therein,  under  such  rules  and  regulations  as  such 
authorities  may  prescribe,  for  a  period  not  exceeding  two  years; 
but  in  no  case  shall  a  child  be  so  confined  after  he  is  seventeen  years 
of  age.  [Subdivision  2  amended  by  L.  1917,  ph.  563,  and  L.  1921, 
ch.  386,  in  effect  September  1,  1921.] 

3  Such  authorities  may  order  such  a  child  to  be  confined  axid 
maintained  during  such  period  in  any  private  school,  orphans'  home 
or  similar  institution  controlled  by  persons  of  the  same  religious 
faith  as  the  persons  in  parental  relation  to  such  child,  and  which 
is  willing  and  able  to  receive,  confine  and  maintain  such  child,  upon 
such  terms  as  to  compensation  as  may  be  agreed  upon  between  such 
authorities  and  such  private  school,  orphans'  home  or  similar 
institution. 

4  If  the  person  in  parental  relation  to  such  child  shall  not  con- 
sent to  either  of  such  orders  said  person  shall  be  proceeded  against 
in  court  under  section  625  of  this  chapter  by  the  school  authorities 
or  such  officer  as  they  may  designate.  In  case  the  person  in  parental 
relation  to  such  child  establishes  to  the  satisfaction  of  the  court 
that  such  child  is  beyond  his  control  such  child  shall  be  proceeded 
against  as  a  disorderly  person,  and  upon  conviction  thereof,  if  the 
child  was  lawfully  required  to  attend  a  public  school,  the  child  shall 
be  sentenced  to  be  confined  and  maintained  in  such  truant  school 


So  in  original  [word  misspelled]. 


\ 


EDUCATION    LAW  207 

for  a  period  not  exceeding  two  years ;  or  if  such  child  was  lawfully- 
required  to  attend  upon  instruction  otherwise  than  at  a  public  school, 
the  child  may  be  sentenced  to  be  confined  and  maintained  for  a 
period  not  exceeding  two  years  in  such  private  school,  orphans' 
home  or  other  similar  institution,  if  there  be  one,  controlled  by  per- 
sons of  the  same  religious  faith  as  the  persons  in  parental  relation 
to  such  child,  which  is  willing  and  able  to  receive,  confine  and  main- 
tain such  child  for  a  reasonable  compensation.  Such  confinement 
shall  be  conducted  with  a  view  to  the  improvement  and  to  the 
restoration  as  soon  as  practicable,  of  such  child  to  the  institution 
elsewhere,  upon  which  he  may  be  lawfully  required  to  attend. 

4-a  An  habitual  truant  and  a  child  who,  being  subject  to  the 
provisions  of  this  article,  has  been  lawfully  suspended  or  expelled 
from  school,  and  is  not  receiving  equivalent  instruction  elsewhere, 
as  provided  by  section  623  of  this  chapter,  are  hereby  declared  to 
be  ungovernable  children.  Any  such  child  may  be  apprehended  by 
a  truant  ofBcer  of  the  school  district  or  city  where  the  child  resides, 
or  by  any  peace  officer,  and  brought  before  a  police  magistrate 
having  jurisdiction.  Notice  shall  thereupon  be  given  to  the  child's 
parent,  guardian,  or  other  person  standing  in  parental  relation  to 
the  child,  and  upon  the  submission  of  satisfactory  proof  that  the 
child  is  an  habitual  truant  or  that,  being  subject  to  this  article,  he 
has  been  lawfully  suspended  or  expelled  from  school  and  is  not 
receiving  instruction  elsewhere,  the  magistrate  may  commit  such 
child  to  a  truant  school  maintained  by  such  district  or  city,  or  if  no 
such  truant  school  is  maintained,  to  a  private  school,  orphans'  home 
or  other  similar  institution  if  there  be  one,  controlled  by  persons 
of  the  same  religious  faith  as  the  persons  in  parental  relation  to 
such  child,  which  is  willing  and  able  to  receive,  confine  and  main- 
tain such  child  for  a  reasonable  compensation.  [Subdivision  4-a 
added  by  L.  1917,  ch.  563,  in  effect  May  18,  1917.] 

5  The  authorities  committing  any  such  child,  and  in  cities  and 
districts  having  a  superintendent  of  schools  such  superintendent 
shall  have  authority,  in  his  discretion,  to  parole  at  any  time  any 
truant  so  committed  by  them. 

6  Every  child  lawfully  suspended  from  attendance  upon  instruc- 
tion for  more  than  one  week,  shall  be  required  to  attend  such  truant 
school  during  the  period  of  such  suspension. 

7  The  school  authorities  of  any  city  or  school  district,  not  having 
a  truant  school,  may  contract  with  any  other  city  or  district  having 
a  truant  school,  for  the  confinement,  maintenance  and  instruction 
therein  of  children  whom  such  school  authorities  might  require  to 


208  THE    UNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

attend  a  truant  school,  if  there  were  one  in  their  own  city  or  district. 

8  Industrial  training  shall  be  furnished  in  every  such  truant 
school. 

9  The  expense  attending  the  commitment  and  costs  of  mainte- 
nance of  any  truant  residing  in  any  city,  or  district,  employing  a 
'superintendent  of  schools  shall  be  a  charge  against  such  city,  or 
district,  and  in  all  other  cases  shall  be  a  county  charge. 

§  636  Enforcement  of  law  and  withholding  the  state  moneys 
by  Commissioner  of  Education.  1  The  Commissioner  of  Educa- 
tion shall  supervise  the  enforcement  of  this  law  and  he  may  with- 
hold one-half  of  all  public  school  moneys  from  any  city  or  district, 
which,  in  his  judgment,  wilfully  omits  and  refuses  to  enforce  the 
provisions  of  this  article,  after  due  notice,  so  often  and  so  long  as 
such  wilful  omission  and  refusal  shall,  in  his  judgment,  continue. 

2  If  the  provisions  of  this  article  are  complied  with  at  any  time 
within  one  year  from  the  date  on  which  said  moneys  were  with- 
held, the  moneys  so  withheld  shall  be  paid  over  by  said  Commis- 
sioner of  Education  to  such  district  or  city,  otherwise  forfeited  to 
the  State. 

§  637  Attendance  of  illiterate  minors.  1  Every  minor, 
between  sixteen  and  twenty-one  years  of  age,  who  does  not  possess 
such  ability  to  speak,  read  and  write  the  English  language,  as  is 
required,  for  the  completion  of  the  fifth  grade  of  the  public  or 
private  schools  of  the  city  or  school  district  in  which  he  resides, 
shall  attend  some  day  or  evening  school  or  some  school  maintained 
by  an  employer  as  hereinafter  provided  in  subdivision  6  of  this 
act,  in  the  city  or  district  in  which  he  resides  throughout  the  entire 
time  such  school  is  in  session;  provided  that  no  such  minor  be 
required  to  attend,  if  the  Commissioner  of  Health,  or  the  executive 
officer  of  the  board  or  department  of  health  of  the  city,  town,  vil- 
lage or  district,  where  such  minor  resides,  or  an  officer  thereof 
designated  by  such  board,  department  or  commissioner  shall  deem 
such  minor  to  be  physically  or  mentally  unfit  to  attend. 

2  Any  minor  subject  to  the  provisions  of  this  section,  who  wil- 
fully violates  any  provisions  of  this  section,  shall  be  punished  by  a 
fine  of  not  exceeding  five  dollars. 

3  Every  person  having  in  his  control  any  minor  subject  to  the 
provisions  of  this  section  shall  cause  such  minor  to  attend  a  school 
as  hereby  required;  and  if  such  person  fails  for  six  sessions  within 
a  period  of  one  month  to  cause  such  minor  to  so  attend  school, 
unless  the  Commissioner  of  Health  or  the  executive  officer  of  the 
board  or  department  of  health  of  the  city,  town,  village  or  district 


EDUCATION    LAW  209 

where  such  minor  resides  or  an  officer  thereof  designated  by  such 
board,  department  or  commissioner  shall  certify  that  such  minor's 
physical  or  mental  condition  is  such  as  to  render  his  attendance  at 
school  harmful  or  impracticable,  such  person  shall,  upon  complaint 
by  a  truant  officer  and  conviction  thereof,  be  punished  by  a  fine 
of  not  more  than  twenty  dollars. 

4  Whoever  induces  or  attempts  to  induce  such  minor  to  absent 
himself  unlawfully  from  school  or  employs  such  minor  except  as 
is  provided  by  law,  or  harbors  such  who,  while  school  is  in  session, 
is  absent  unlawfully  therefrom,  shall  be  punished  by  a  fine  of  not 
more  than  fifty  dollars. 

5  The  employer  of  any  minor  subject  to  the  provisions  of  this 
section  shall  procure  from  such  minor  and  display  in  the  place  where 
such  minor  is  employed  the  weekly  record  of  regular  attendance 
upon  a  school  and  it  shall  be  unlawful  for  any  person  to*  employ 
any  minor  subject  to  the  provisions  of  this  section  until  and  unless 
he  procures  and  displays  said  weekly  record  as  herein  provided. 
It  shall  be  the  duty  of  the  teacher  or  principal  of  the  school  upon 
which  he  (such  minor)  attends  to  provide  each  week  such  minor 
with  a  true  record  of  attendance. 

6  Any  employer  may  meet  the  requirements  of  this  act  by  con- 
ducting a  class  or  classes  for  teaching  English  and  civics  to  foreign- 
born  in  shop,  store,  plant  or  factory,  under  the  supervision  of  the 
local  school  authorities,  and  any  minor  subject  to  the  provisions 
of  this  act  may  satisfy  the  requirement  by  attendance  upon  such 
classes.     [Added  by  L.  1918,  ch.  415,  in  effect  May  1,  1918.] 

§  638  Certificates  of  principals  or  teachers.  Certificates 
issued  by  any  principal  or  teacher  of  schools  as  to  the  attendance 
or  nonattendance  of  any  person  who  should  attend  such  school  shall 
be  presumptive  evidence  of  the  facts  therein  stated.  [Added  by 
L,  1919,  ch,  303,  in  effect  May  3,  1919.] 

ESTABLISHMENT   OF   HOME   SCHOOLS   IN   CITIES   OF  THE 

SECOND  CLASS 

L.  1922,  ch.  465,  in  effect  April  5,  1922 

§  1  Establishment  of  home  schools.  The  common  council 
of  any  city  of  the  second  class  may  adopt  a  resolution  by  a  majority 
vote  establishing  a  home  school  for  the  purpose  of  giving  instruc- 
tions in  the  trades,  industrial,  agricultural  and  homemaking  sub- 
jects in  addition  to  instruction  in  public  school  subjects  to  children 
of  the  city  and  other  children  not  more  than  eighteen  years  nor 
less  than  eight  years  of  age  who  may  be  admitted  thereto  as  herein- 


210  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

after  provided.  Such  school  shall  be  known  as  the  Home  School 
of   (Name  of  city  estabHshing  school.) 

§  2  Acquisition  of  lands  and  erection  of  buildings.  Upon  the 
adoption  of  the  resolution  as  provided  in  the  foregoing  section  the 
city,  through  its  properly  constituted  officers  having  power  and 
jurisdiction  therein,  shall  lease  or  purchase  land  in  some  convenient, 
accessible  place  in  the  county  in  which  such  city  is  located  and 
not  less  than  six  miles  from  the  center  of  the  city  to  be  used  for 
the  purpose  of  such  school.  Such  land  may  be  acquired  by  gift, 
purchase  or  condemnation.  The  land  when  so  acquired  shall  be 
held  in  the  name  of  the  city  for  the  benefit  of  such  school.  Upon 
acquisition  of  such  land  the  city  shall  erect  the  necessary  buildings 
and  suitably  equip  them  for  use.  Such  city  may  also  provide  for 
the  improvement  of  existing  buildings  and  make  such  repairs  and 
alterations  upon  the  buildings  upon  the  land  used  for  the  purposes 
of  the  school  as  may  be  necessary  for  the  maintenance  and  opera- 
tion thereof. 

§  3  Board  of  managers.  The  board  of  managers  of  such 
school  shall  consist  of  not  less  than  five  members  to  be  appointed 
by  the  mayor  of  such  city  and  of  which  board  the  superintendent 
of  schools  in  any  such  city  shall  be  one  member  ex-officio.  Mem- 
bers of  the  board  other  than  the  said  superintendent  shall  be 
appointed  from  resident  taxpayers  of  the  city  who  shall  serve  for 
terms  of  four  years  commencing  upon  the  first  day  of  January 
succeeding  the  appointment.  Such  terms  will  be  so  arranged  that 
the  terms  of  no  two  of  the  members  so  appointed  shall  expire  in 
the  same  year,  and  for  this  purpose  the  terms  of  members  first 
appointed  hereunder  shall  be  as  follows:  In  case  one  member  shall 
be  appointed  the  term  shall  be  four  years;  in  case  two  members 
are  appointed  the  term  shall  be  four  and  two  years  respectively; 
in  case  three  members  are  appointed  the  term  shall  be  four,  three 
and  two  years;  in  case  four  members  shall  be  appointed  the  terms 
shall  be  four,  three,  two  and  one  year  respectively.  Such  term 
shall  commence  on  the  first  day  of  January  succeeding  the  appoint- 
ment and  their  successors  shall  be  appointed  for  a  full  term  of 
four  years  as  above  provided.  Appointments  to  fill  vacancies  shall 
be  for  the  unexpired  portion  of  the  terms.  The  members  of  the 
board  shall  serve  without  compensation.  They  shall  receive  their 
necessary  expenses  incurred  in  the  performance  of  their  duties. 
The  amount  of  such  expenses  shall  be  charged  against  the  city  and 
paid  in  the  same  manner  as  other  city  charges.  The  board  shall 
organize  by  the  election  of  one  of  its  members  as  chairman  and 
another  as  secretary. 


EDUCATION    LAW  211 

§  4  Powers  and  duties  of  managers.  The  board  of  managers 
of  such  school  shall  be  responsible  for  the  operation  and  mainte- 
nance of  the  school;  employ  a  superintendent  and  such  teachers 
and  assistants  as  may  be  required  for  the  operation  and  maintenance 
of  the  school;  fix  compensation  of  such  superintendent,  teachers 
and  assistants  within  the  amount  made  available  therefor  by  the 
board  of  estimate  and  apportionment  of  such  city;  prescribe  rules 
and  regulations  for  the  management  of  the  school  and  for  the  pur- 
pose of  carrying  into  effect  the  object  thereof;  provide  for  the 
detention,  maintenance  and  instruction  of  all  children  who  are 
admitted  to  the  school.  Such  board  shall  on  or  before  the  first 
day  of  January  each  year  furnish  to  the  mayor  estimates  in  writing 
of  the  amount  of  expenditures  for  the  next  fiscal  year.  All  expenses 
and  appropriations  for  such  school  shall  be  subject  to  the  pro- 
visions of  sections  7Z,  74,  75,  76  and  77  of  second  class  cities  law, 
and  of  any  and  all  other  provisions  of  said  law  applicable  thereto. 

§  5  Further  powers  and  duties  of  board  of  managers.  The 
board  of  managers  shall  have  full  power  to  discharge  or  parole  at 
any  time  any  child  admitted  to  such  school.  A  child  under  sixteen 
years  of  age  committed  to  the  school  by  a  court  and  paroled  for 
good  conduct  may  be  arrested  and  detained  in  the  school  for  viola- 
tion of  the  terms  of  his  parole. 

§  8  Powers  of  superintendent  and  discipline  of  school.  The 
superintendent  of  the  school  shall,  subject  to  the  regulations  of  the 
board  of  managers: 

•  1  Have  the  general  management  of  the  school,  land,  buildings 
and  equipment  thereof,  and  devote  his  entire  time  to  its  affairs; 

2  Supervise  and  direct  the  methods  of  instruction  and  the  per- 
formance of  duties  by  the  teachers,  assistants  and  employees  of 
such  school; 

3  Be  responsible  for  the  welfare  of  the  pupils  of  the  school,  see 
that  the  regulations  and  directions  of  the  board  of  managers  are 
carried  into  effect; 

4  Prescribe  rules  for  the  government  and  discipline  of  the  pupils 
of  the  school  and  cause  such  rules  to  be  enforced.  Discipline  shall 
be  maintained  by  the  honor  system  so  far  as  practicable.  Close  or 
solitary  confinement  shall  not  be  used  excepting  when  necessary 
for  the  maintenance  of  proper  discipline; 

5  Protect  and  care  for  the  property  of  the  school; 

6  Give  special  attention  to  the  proper  instruction,  detention, 
restraint,  discipline,  comfort,  physical  and  moral  welfare  of  the 
pupils  of   the  schools  and  perform   such  other   duties   as   may   be 


212  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

required  of  him  by  the  board  of  managers  with  a  view  of  carrying 
out  the  provisions  of  this  article. 

7  Course  of  instruction.  The  board  of  managers  shall  prescribe 
the  course  of  instruction  to  be  followed  in  such  school,  subject  to 
the  approval  of  the  Commissioner  of  Education.  Such  instruction 
shall  include  instruction  in  agriculture,  mechanic  arts,  trades  and 
homemaking  and  in  the  duties,  responsibilities  and  privileges  of 
citizenship.  The  provisions  of  this  chapter  and  of  the  regulations 
of  the  Education  Department  relating  to  vocational  instruction  in 
the  public  schools  shall  apply  to  such  school  so  far  as  they  do  not 
conflict  with  the  provisions  of  this  article  and  may  be  made  applicable 
thereto. 

8  State  aid.  There  shall  be  annually  apportioned  to  such  school 
from  the  moneys  appropriated  by  the  state  legislature  for  the  sup- 
port of  the  public  schools  of  the  state  the  sum  of  one  thousand 
dollars  and  an  additional  sum  of  two  hundred  dollars  for  each 
teacher  employed  therein  for  a  period  of  thirty-six  weeks  during 
each  school  year,  whose  entire  time  is  given  to  the  instruction  of 
pupils  in  such  school.  No  such  apportionment  shall  be  made  unless 
there  are  at  least  fifteen  pupils  enrolled  and  actually  in  attendance 
at  such  school  during  such  period  of  thirty-six  weeks,  and  unless 
such  school  maintains  an  organization  and  a  course  of  study,  and 
is  conducted  in  a  manner  approved  by  the  Commissioner  of 
Education. 

§  9  Children  admitted  to  such  school.  Children  not  more 
than  eighteen  nor  less  than  eight  years  of  age  may  be  admitted  to 
or  received  in  such  school  as  follows : 

1  Upon  the  application  of  the  parents  or  guardians  having  the 
legal  custody  and  control  of  such  children  accompanied  by  the 
written  consent  of  such  parents  and  guardians; 

2  Truants,  incorrigible  pupils  or  coming  within  any  of  the  descrip- 
tions of  children  mentioned  in  section  635  of  the  Education  Law 
upon  commitment  thereto  either  by  the  school  authorities  or  by  a 
court  having  jurisdiction  thereof ; 

3  Coming  within  any  of  the  descriptions  of  children  mentioned 
in  sections  485  and  486  of  the  Penal  Law  upon  commitment  thereto 
by  a  court; 

4  Children  under  twelve  years  found  guilty  of  juvenile  delin- 
quency ; 

5  Children  over  twelve  and  under  sixteen  years  of  age  found 
guilty  of  juvenile  delinquency  for  the  first  time  and  for  an  offense 
of  a  grade  not  higher  than  misdemeanor. 


EDUCATION    LAW  213 

Children  resident  in  the  city  estabHshing  such  school  duly  com- 
mitted thereto  shall  be  received  therein.  The  board  of  managers 
may  in  their  discretion  and  upon  such  terms  as  to  payment  of 
expenses  as  they  see  fit,  admit  children  resident  in  the  county  in 
which  said  city  is  situated  or  resident  in  any  adjoining  county  not 
having  a  second  class  city. 

§  10  Jurisdiction  of  courts.  Courts  having  jurisdiction  of 
children  shall  have  power  to  commit  children  to  the  school  who 
are  receivable  therein  as  set  forth  in  the  foregoing  section.  Com- 
mitments by  such  courts  shall  be  in  accordance  with  the  provisions 
of  the  Penal  Law  and  Code  of  Criminal  Procedure  applicable  thereto. 
The  commitment  shall  not  be  for  any  fixed  period  of  detention. 
Such  detention  shall  be  conducted  with  a  view  to  the  improvement 
and  to  the  restoration,  as  soon  as  practicable,  of  the  child  so  com- 
mitted to  its  home,  if  after  due  investigation  such  home  is  found 
to  be  satisfactory.  The  provisions  of  section  486  of  the  Penal  Law 
as  to  commitments  to  institutions  shall  apply  fully  to  commitments 
to  the  school. 

§  11  Transfer  of  pupils.  The  board  of  managers  shall  have 
full  power  to  transfer  to  other  institutions  any  child  committed  by 
a  court  found  to  be  incorrigible,  not  amenable  to  proper  discipline 
and  training  of  the  school  or  feeble-minded,  in  the  manner  and  by 
the  methods  prescribed  and  set  forth  in  section  486  of  the  Penal 
Law. 

^  12  Quarantine.  A  pupil  committed  to  the  school  either  by 
court  or  school  authorities  upon  being  received  shall  be  kept  separate 
and  apart  for  a  period  of  not  less  than  seven  days.  During  this 
time  a  complete  physical  and  mental  examination  of  such  child 
shall  be  made  by  qualified  physicians.  Such  physicians  shall  make 
reports  in  writing  to  the  superintendents  stating  fully  the  results 
ol  such  examinations;  such  reports  shall  be  kept  on  file  by  the 
superintendent  in  proper  and  systematic  order. 

During  the  period  of  such  quarantine  the  superintendent  and 
teachers  shall  give  special  attention  to  the  pupil  with  a  view  of 
obtaining  knowledge  of  the  child  and  gaining  his  confidence. 

§  13  Agreement  with  parents  and  guardians  to  pay  expense 
of  maintenance;  compulsory  support.  The  board  of  managers 
may  make  an  agreement  with  the  parents  or  guardian  of  a  child  in 
such  school  for  the  payment  of  an  amount  therein  specified  for  the 
instruction  and  maintenance  of  such  pupil.  An  application  for  the 
admission  of  a  child  with  the  consent  of  the  parents  or  guardian 
shall    not   be   granted   unless    suitable   provision   be   made    for    the 


214  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

clothing  of  such  child.  The  amount  agreed  to  be  paid  for  instruc- 
tion, maintenance  and  clothing  shall  be  secured  to  the  satisfaction 
of  the  board  of  managers.  Such  board  shall  ascertain  by  investi- 
gation the  financial  ability  of  parents,  guardians  and  other  persons 
legally  liable  for  the  support  of  pupils  admitted  to  such  school  upon 
commitment,  and  may  demand  of  such  parents,  guardians  or  persons 
the  payment  of  an  amount  reasonably  sufficient  to  pay  all  or  a 
portion  of  the  cost  of  instruction,  maintenance,  and  clothing  of 
such  pupils.  The  board  may  proceed  against  such  parents,  guardians 
or  persons,  by  proper  suit  or  proceeding  in  a  court  of  competent 
jurisdiction  for  the  recovery  of  the  amount  agreed  or  required  to 
be  paid,  as  herein  provided.  The  amount  so  recovered,  after  the 
payment  of  the  proper  costs  and  expenses  of  such  suit  or  proceed- 
ing, shall  be  paid  into  the  treasury  of  the  city,  and  shall  be  applied 
to  the  payment  of  the  cost  of  the  instruction,  maintenance  and 
clothing  of  such  pupils.  Such  action  at  law  shall  be  brought  in  the 
name  of  the  city  by  the  corporation  council  thereof. 

This  provision  shall  in  no  way  affect  the  power  of  the  committing 
court  to  order  payment  as  provided  in  section  921-b  of  the  Code  of 
Criminal  Procedure. 

Children  committed  either  by  court  or  school  authorities  of  the 
city  shall  be  a  charge  upon  such  city.  Children  so  committed  from 
outside  of  the  city  shall  be  a  charge  upon  the  city,  incorporated 
village  or  township  from  which  committed. 

§  14  Maintenance  by  city.  The  board  of  estimate  and  appor- 
tionment shall  provide  for  the  maintenance  of  such  school,  the 
repair  and  improvement  of  the  lands  and  buildings  used  or  occupied 
thereby,  and  the  equipment  thereof  with  necessary  machinery,  tools, 
apparatus  and  supplies.  The  cost  thereof,  and  the  expenses  incurred 
for  such  purposes,  shall  be  charged  against  the  city  and  shall  be 
audited  and  paid  in  the  same  manner  as  other  charges  against  the 
city.  The  maintenance  herein  provided  for  shall  include  the  sup- 
port, instruction,  care,  board  and  clothing  of  pupils  and  such  other 
expenses  as  are  necessarily  incurred  in  the  operation  of  the  school. 

§  15  Report  of  superintendent.  The  superintendent  of  the 
school  shall  report  annually  to  the  mayor  in  accordance  with  the 
provisions  of  section  23  of  the  "second  class  cities  law.  Such  report 
shall  be  countersigned  by  a  majority  of  the  board  of  managers. 
The  mayor  shall  have  power  to  inspect  the  school  at  any  time,  and 
may  appoint  a  committee  of  citizens  who  shall  have  power  to  inspect 
such  school  and  for  such  purpose  may  enter  upon  the  lands  and  into 
the  buildings  of  such  school  at  all  reasonable  times. 


EDUCATION    LAW  215 

§  16  Powers  of  Commissioner  of  Education  and  State  Depart- 
ment of  Education.  A  school  established  as  provided  herein  shall 
be  deemed  a  part  of  the  public  school  system  of  the  State,  and 
shall  be  subject  to  the  supervision  and  control  of  the  Commissioner 
of  Education  and  the  State  Department  of  Education  in  the  same 
manner  as  other  public  schools,  and  shall  not  be  subject  to  any  of 
the  laws  of  the  State  relating  to  charitable  or  penal  institutions. 

ARTICLE  24 

School  Census 

Section  650  School  census  in  cities  of  the  first  class,  except  the  city  of  New 
York 

651  School  census  in  cities  not  of  the  first  class 

652  School  census  in  school  districts 

653  Penalty  for  withholding  information 

654  Payment  of  expenses 

§  650  School  census  in  cities  of  the  first  class,  except  the  city 
of  New  York.  A  permanent  census  board  is  hereby  established 
in  each  city  of  the  first  class,  except  the  city  of  New  York.  In  the 
city  of  New  York  provision  shall  be  made  by  the  board  of  education 
for  taking  a  school  census  in  connection  with  the  work  of  enforcing 
the  Compulsory  Education  Law.  Such  permanent  census  board 
shall  consist  of  the  mayor,  the  superintendent  of  schools,  the  police 
commissioner  or  officer  performing  duties  similar  to  those  of  a 
police  commissioner.  The  mayor  shall  be  the  chairman  of  such 
board.  Such  board  shall  have  power  to  make  such  rules  and  regu- 
lations as  may  be  necessary  to  carry  out  the  provisions  of  this 
article.  Such  board  shall  have  power  to  appoint  a  secretary  and 
such  clerks  and  other  employees  as  may  be  necessary  to  carry  out 
the  provisions  of  this  article  and  to  fix  the  salaries  of  the  same. 
Such  board  shall  ascertain  through  the  police  force,  the  residences 
and  employments  of  all  persons  between  the  ages  of  four  and 
eighteen  years  residing  within  such  cities  and  shall  report  thereon 
from  time  to  time  to  the  school  authorities  of  such  cities.  Under 
the  regulations  of  such  board,  during  the  month  of  October  1909, 
it  shall  be  the  duty  of  the  police  commissioners  in  such  cities  of 
the  first  class  to  cause  a  census  of  the  children  of  their  respective 
cities  to  be  taken.  Thereafter  such  census  shall  be  amended  from 
day  to  day  by  the  police,  precinct  by  precinct,  as  changes  of  resi- 
dence occur  among  the  children  of  such  cities  within  the  ages  pre- 
scribed in  this  article  and  as  other  persons  come  within  the  ages 


216    *  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

prescribed  herein  and  as  other  persons  within  such  ages  shall  become 
residents  of  such  cities,  so  that  said  board  shall  always  have  on 
file  a  complete  census  of  the  names  and  residences  of  the  children 
between  such  ages  and  of  the  persons  in  parental  relation  thereto. 
It  shall  be  the  duty  of  persons  in  parental  relation  to  any  child 
residing  within  the  limits  of  said  cities  of  the  first  class  to  report 
at  the  police  station  house  of  the  precinct  within  which  they  sever- 
ally reside,  the  following  information : 

1  Two  weeks  before  any  child  becomes  of  the  compulsory  school 
age  the  name  of  such  child,  its  residence,  the  name  of  the  person  or 
persons  in  parental  relation  thereto,  and  the  name  and  location  of 
the  school  to  which  such  child  is  sent  as  a  pupil. 

2  In  case  a  child  of  compulsory  school  age  is  for  any  cause 
removed  from  one  school  and  sent  to  another  school,  or  sent  to 
work  in  accordance  with  the  labor  law,  all  the  facts  in  relation 
thereto. 

3  In  case  the  residence  of  a  child  is  removed  from  one  police 
precinct  to  another  police  precinct,  the  new  residence  and  the  other 
facts  required  in  the  two  preceding  subdivisions. 

4  In  case  a  child  between  the  ages  of  four  and  eighteen  becomes 
a  resident  of  one  of  said  cities  of  the  first  class  for  the  first  time 
the  residence  and  such  other  facts  as  the  census  board  shall  require. 
Such  census  shall  include  all  persons  between  the  ages  of  four 
and  eighteen  years,  the  day  of  the  month  and  the  year  of  the  birth 
of  each  of  such  persons,  their  respective  residences  by  street  and 
number,  the  names  of  their  parents  or  guardians,  such  information 
relating  to  illiteracy  and  to  the  enforcement  of  the  law  relating  to 
child  labor  and  compulsory  education  as  the  school  authorities  of 
the  State  and  of  such  cities  shall  require  and  also  such  further 
information  as  such  authorities  shall  require.  [Amended  by  L. 
1914,  ch.  480.] 

§  651  School  census  in  cities  not  of  the  first  class.  The  board 
of  education  of  each  city  of  the  second  class  and  of  each  city  of  the 
third  class  shall  constitute  a  permanent  census  board  in  such  city. 
Such  board  shall,  under  its  regulations,  cause  a  census  of  the  chil- 
dren in  its  city  to  be  taken  and  to  be  amended  from  day  to  day 
so  that  there  shall  always  be  on  file  with  such  board  a  complete 
census  giving  the  facts  and  information  required  in  the  census 
provided  for  in  section  650  of  the  Education  Law  in  cities  of  the 
first  class.  All  persons  required  to  give  information  or  make 
reports  under  the  provisions  of  section  650  of  the  Education  Law 
to  authorities  of  cities  of  the  first  class  shall  be  required  to  give 


EDUCATION    LAW  217 

similar  information  or  make  similar  reports  under  regulations  of 
the  board  of  education  in  a  city  of  the  second  class  or  a  city  of  the 
third  class.      [Amended  by  L.  1917,  ch.  567,  in  effect  May  18,  1917.] 

§  652  School  census  in  school  districts.  The  trustee  or  board 
of  trustees  of  every  school  district  shall  annually  on  the  thirtieth 
day  of  August  cause  a  census  of  all  children  between  the  ages  of 
five  and  eighteen  to  be  taken  in  duplicate  in  their  respective  school 
districts,  and  one  copy  thereof  filed  with  the  teacher  on  the  first  day 
of  school  and  the  other  copy  filed  with  the  district  superintendent 
on  or  before  the  fifteenth  day  of  September.  Such  census  shall 
include  the  information  required  from  cities  as  provided  in  this 
article.      [Amended  by  L.  1919,  ch.  100,  in  effect  March  27,  1919.] 

§  653  Penalty  for  withholding  information.  A  parent,  guard- 
ian or  other  person  having  under  his  control  or  charge  a  child 
between  the  ages  of  four  and  eighteen  years  who  withholds  or 
refuses  to  give  information  in  his  possession  relating  to  such  child 
and  required  under  this  article,  or  any  such  parent,  guardian  or 
other  person  who  gives  false  information  in  relation  thereto,  shall 
be  liable  to  and  punished  by  a  fine  not  exceeding  twenty  dollars  or 
by  imprisonment  not  exceeding  thirty  days. 

§  654  Payment  of  expenses.  The  money  required  for  the 
purpose  of  carrying  this  article  into  effect  shall  be  paid  by  the  cities 
and  school  districts  respectively,  included  in  the  provisions  of  this 
article,  but,  in  cities  in  which  a  permanent  census  board  as  provided 
in  section  650  of  this  chapter  is  not  established  and  maintained, 
except  the  city  of  New  York,  and  in  school  districts,  such  moneys 
shall  be  paid  for  the  services  rendered  in  the  taking  of  the  school 
census,  on  the  certificate  of  the  State  Commissioner  of  Education 
that  such  census  has  been  satisfactorily  taken.  [Amended  by  L. 
1914,  ch.  480.] 


ARTICLE  25 

Textbooks 

Section  670  Power  to  designate  textbooks 

671  Requisites  for  change 

672  Penalty  for  violation 

673  Free  textbooks  in  union  free  school  districts 

674  Textbooks  containing  seditious  or  disloyal  matter 

§  670  Power  to  designate  textbooks;  purchase  of  textbooks 
and  supplies  for  sale  or  rental.     1  In  the  several  cities  and  union 


218  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

free  school  districts  of  the  State,  boards  of  education  or  such  body 
or  officer  as  perform  the  functions  of  such  boards,  shall  designate 
textbooks  to  be  used  in  the  schools  under  their  charge. 

2  In  the  common  school  districts  in  the  State  the  textbooks  used 
in  the  schools  therein  shall  be  designated  at  an  annual  school  meeting 
by  a  two-thirds  vote  of  all  the  legal  voters  present  and  voting  at 
such  school  meeting. 

3  In  the  several  cities  and  union  free  school  districts  of  the  State, 
boards  of  education  or  other  school  authorities  may  purchase  text- 
books and  supplies  and  either  rent  or  sell  the  same-  to  the  pupils 
attending  the  public  schools  in  such  cities  and  union  free  school 
districts  upon  such  terms  and  under  such  rules  and  regulations  as 
may  be  prescribed  by  such  boards  of  education  or  other  school 
authorities.  [Amended  by  L.  1918,  ch.  279,  in  effect  April  20, 
1918.] 

§  671  Requisites  for  change.  1  When  a  textbook  shall  have 
been  designated  for  use  in  a  union  free  school  district  or  city  as 
provided  in  subdivision  1  of  the  preceding  section,  it  shall  not  be 
lawful  to  supersede  such  textbook  by  any  other  book  within  a  period 
of  five  years  from  the  time  of  such  designation  except  upon  a 
three-fourths  vote  of  the  board  of  education,  or  of  such  body  or 
officer  as  performs  the  function  of  such  board. 

2  When  a  textbook  shall  have  been  designated  in  any  common 
school  district  as  provided  in  subdivision  2  of  the  preceding  section 
it  shall  not  be  lawful  to  supersede  such  textbook  except  upon  a 
three-fourths  vote  of  the  legal  voters  present  and  voting  upon  such 
proposition  at  an  annual  meeting  of  such  district. 

§  672  Penalty  for  violation.  Any  person  violating  any  of  the 
provisions  of  this  article  shall  be  liable  to  a  penalty  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars  for  every  such 
violation,  to  be  sued  for  by  any  taxpayer  of  the  school  district,  and 
recovered  before  any  justice  of  the  peace  and  when  collected,  to 
be  paid  to  the  collector  or  treasurer  for  the  benefit  of  said  school 
district. 

§  673  Free  textbooks  in  union  free  school  districts.  1  The 
qualified  voters  of  any  union  free  school  district  present  at  any 
annual  school  meeting  or  at  any  special  school  meeting  duly  and 
legally  called  for  the  purpose,  shall  have  power,  by  a  majority  vote, 
to  be  ascertained  by  taking  and  recording  the  ayes  and  noes,  to  vote 
a  tax  for  the  purchase  of  all  textbooks  used,  or  to  be  used,  in  the 
schools  of  the  district. 


EDUCATION    LAW  219 

2  If  such  tax  shall  be  voted  it  shall  be  the  duty  of  the  board  of 
education  of  such  district,  within  ninety  days  thereafter,  to  pur- 
chase and  furnish  free  textbooks  to  all  the  pupils  attending  the 
schools  in  such  district.  Such  board  of  education  shall  have  power 
to  establish  such  rules  and  regulations  concerning  the  use  by  the 
pupils  of  such  textbooks,  and  the  care,  preservation  and  custody 
thereof  as  it  shall  deem  necessary. 

§  674  Textbooks  containing  seditious  or  disloyal  matter.  No 
textbook  in  any  subject  used  in  the  public  schools  in  this  State  shall 
contain  any  matter  or  statements  of  any  kind  which  are  seditious 
in  character,  disloyal  to  the  United  States  or  favorable  to  the  cause 
of  any  foreign  country  with  which  the  United  States  is  now  at  war. 
A  commission  is  hereby  created,  consisting  of  the  Commissioner 
of  Education  and  of  two  persons  to  be  designated  by  the  Regents 
of  The  University  of  the  State  of  New  York,  whose  duty  it  shall 
be  on  complaint  to  examine  textbooks  used  in  the  public  schools 
of  the  State,  in  the  subjects  of  civics,  economics,  EngHsh,  history, 
language  and  literature,  for  the  purpose  of  determining  whether 
such  textbooks  contain  any  matter  or  statements  of  any  kind  which 
are  seditious  in  character,  disloyal  to  the  United  States  or  favorable 
to  the  cause  of  any  foreign  country  with  which  the  United  States 
is  now  at  war.  Any  person  may  present  a  written  complaint  to 
such  commission  that  a  textbook  in  any  of  the  aforesaid  subjects 
for  use  in  the  pubhc  schools  of  this  State  or  offered  for  sale  for  use 
in  the  public  schools  of  this  State  contains  matter  or  state- 
ments in  violation  of  this  section,  specifying  such  matter  or  state- 
ments in  detail.  If  the  commission  determine  that  the  textbook 
against  which  complaint  is  made  contains  any  such  matter  or  state- 
ments, it  shall  issue  a  certificate  disapproving  the  use  of  such  text- 
book in  the  public  schools  of  this  State,  together  with  a  statement 
of  the  reasons  for  its  disapproval,  specifying  the  matter  found 
unlawful.  Such  certificate  of  disapproval  of  a  textbook,  with  a 
detailed  statement  of  the  reasons  for  its  disapproval,  shall  be  duly 
forwarded  to  the  boards  of  education  or  other  boards  or  authorities 
having  jurisdiction  of  the  public  schools  of  the  cities,  towns  or 
school  districts  of  this  State,  and  after  the  receipt  of  such  certificate 
the  use  of  a  textbook  so  disapproved  shall  be  discontinued  in  such 
city,  town  or  school  district. 

Any  contract  hereafter  made  by  any  such  board  of  education  or 
other  school  authorities  for  the  purchase  of  a  textbook  in  any  of 
such  subjects,  which  has  been  so  disapproved,  shall  be  void.  Any 
school  officer  or  teacher  who  permits  a  textbook  in  any  of   such 


220  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

subjects,  which  has  been  so  disapproved,  to  be  used  in  the  pubHc 
schools  of  the  State,  shall  be  guilty  of  a  misdemeanor.  [Added 
by  L.  1918]  ch.  246,  in  effect  April  17,  1918,] 


ARTICLE  26 

Physiology  and  Hygiene 

Section  690  Instruction  regarding  nature  of  alcoholic  drinks 
691  Enforcement  of  last  section 

§  690  Instruction  regarding  nature  of  alcoholic  drinks.    1  The 

nature  of  alcoholic  drinks  and  other  narcotics  and  their  effects  on 
the  human  system  shall  be  taught  in  connection  with  the  various 
divisions  of  physiology  and  hygiene,  as  thoroughly  as  are  other 
branches  in  all  schools  under  state  control,  or  supported  wholly 
or  in  part  by  public  money  of  the  State,  and  also  in  all  schools 
connected  with  reformatory  institutions. 

2  All  pupils  in  the  above-mentioned  schools  below  the  second 
year  of  the  high  school  and  above  the  third  year  of  school  work 
computing  from  the  beginning  of  the  lowest  primary,  not  kinder- 
garten, year,  or  in  corresponding  classes  of  ungraded  schools,  shall 
be  taught  and  shall  study  this  subject  every  year  with  suitable 
textbooks  in  the  hands  of  all  pupils,  for  not  less  than  three  lessons 
a  week  for  ten  or  more  weeks,  or  the  equivalent  of  the  same  in  each 
year,  and  must  pass  satisfactory  tests  in  this  as  in  other  studies 
before  promotion  to  the  next  succeeding  year's  work;  except  that, 
where  there  are  nine  or  more  school  years  below  the  high  school, 
the  study  may  be  omitted  in  all  years  above  the  eighth  year  and 
below  the  high  school,  by  such  pupils  as  have  passed  the  required 
tests  of  the  eighth  year. 

3  In  all  schools  above-mentioned,  all  pupils  in  the  lowest  three 
primary,  not  kindergarten,  school  years  or  in  corresponding  classes 
in  ungraded  schools  shall  each  year  be  instructed  in  this  subject 
orally  for  not  less  than  two  lessons  a  week  for  ten  weeks,  or  the 
equivalent  of  the  same  in  each  year,  by  teachers  using  textbooks 
adapted  for  such  oral  instruction  as  a  guide  and  standard,  and 
such  pupils  must  pass  such  tests  in  this  as  may  be  required  in  other 
studies  before  promotion  to  the  next  succeeding  year's  work. 
Nothing  in  this  article  shall  be  construed  as  prohibiting  or  requiring 
the  teaching  of  this  subject  in  kindergarten  schools. 


EDUCATION    LAW  221 

4  The  local  school  authorities  shall  provide  needed  facilities  and 
definite  time  and  place  for  this  branch  in  the  regular  courses  of 
study. 

5  The  textbooks  in  the  pupils'  hands  shall  be  graded  to  the 
capacities  of  fourth  year,  intermediate,  grammar  and  high  school 
pupils,  or  to  corresponding  classes  in  ungraded  schools.  For 
students  below  high  school  grade,  such  textbooks  shall  give  at  least 
one-fifth  their  space,  and  for  students  of  high  school  grade,  shall 
give  not  less  than  twenty  pages  to  the  nature  and  effects  of  alco- 
holic drinks  and  other  narcotics.  This  subject  must  be  treated  in 
the  textbooks  in  connection  with  the  various  divisions  of  physiology 
and  hygiene,  and  pages  on  this  subject  in  a  separate  chapter  at  the 
end  of  the  books  shall  not  be  counted  in  determining  the  minimum. 
No  textbook  on  physiology  not  conforming  to  this  article  shall  be 
used  in  the  public  schools. 

6  All  Regents'  examinations  in  physiology  and  hygiene  shall 
include  a  due  proportion  of  questions  on  the  nature  of  alcoholic 
drinks  and  other  narcotics,  and  their  effects  on  the  human  system. 

§  691  Enforcement  of  last  section.  1  In  all  normal  schools, 
teachers'  training  classes  and  teachers  institutes,  adequate  time  and 
attention  shall  be  given  to  instruction  in  the  best  methods  of  teaching 
this  branch,  and  no  teacher  shall  be  licensed  who  has  not  passed 
a  satisfactory  examination  in  the  subject  and  the  best  methods  of 
teaching  it.  On  satisfactory  evidence  that  any  teacher  has  wilfully 
refused  to  teach  this  subject,  as  provided  in  this  article,  the  Com- 
missioner of  Education  shall  revoke  the  license  of  such  teacher. 

2  No  public  money  of  the  State  shall  be  apportioned  by  the  Com- 
missioner of  Education  or  paid  for  the  benefit  of  any  city  until 
the  superintendent  of  schools  therein  shall  have  filed  with  the  treas- 
urer or  chamberlain  of  such  city  an  affidavit,  and  with  the  Com- 
missioner of  Education  a  duplicate  of  such  affidavit,  that  he  has 
made  thorough  investigation  as  to  the  facts,  and  that  to  the  best 
of  his  knowledge,  information  and  belief,  all  the  provisions  of  this 
article  have  been  complied  with  in  all  the  schools  under  his  super- 
vision in  such  city  during  the  last  preceding  legal  school  year. 

3  Nor  shall  any  public  money  of  the  State  be  apportioned  by 
the  Commissioner  of  Education  or  by  school  commissioners,  or 
paid  for  the  benefit  of  any  school  district,  until  the  president  of 
the  board  of  trustees,  or  in  the  case  of  common  school  districts 
the  trustee  or  some  one  member  of  the  board  of  trustees,  shall 
have  filed  with  the  school  commissioner  having  jurisdiction  an 
affidavit  that  he  has  made  thorough  investigation  as  to  the   facts 


222  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  that  to  the  best  of  his  knowledge,  information  and  belief,  all 
the  provisions  of  this  article  have  been  complied  with  in  such 
district,  which  affidavit  shall  be  included  in  the  trustees*  annual 
report. 

4  It  shall  be  the  duty  of  every  school  commissioner  to  file  with 
the  Commissioner  of  Education  an  affidavit  in  connection  with  his 
annual  report,  showing  all  districts  in  his  jurisdiction  that  have 
and  those  that  have  not  complied  with  all  the  provisions  of  this 
article,  according  to  the  best  of  his  knowledge,  information  and 
belief,  based  upon  a  thorough  investigation  by  him  as  to  the  facts. 

5  Nor  shall  any  pubHc  money  of  the  State  be  apportioned  or 
paid  for  the  benefit  of  any  teachers'  training  class,  teachers  insti- 
tute or  other  school  mentioned  herein  until  the  officer  having  juris- 
diction or  supervision  thereof  shall  have  filed  with  the  Commis- 
sioner of  Education  an  affidavit  that  he  has  made  thorough  investi- 
gation as  to  the  facts  and  that  to  the  best  of  his  knowledge,  informa- 
tion and  belief,  all  the  provisions  of  this  article  relative  thereto  have 
been  complied  with. 

6  The  principal  of  each  normal  school  in  the  State  shall  at  the 
close  of  each  school  year  file  with  the  Commissioner  of  Education 
an  affidavit  that  all  the  provisions  of  this  article  applicable  thereto 
have  been  complied  with  during  the  school  year  just  terminated 
and  until  such. affidavit  shall  be  filed  no  warrant  shall  be  issued  by 
the  Commissioner  of  Education  for  the  payment  by  the  treasurer 
of  any  part  of  the  money  appropriated  for  such  school. 

7  It  shall  be  the  duty  of  the  Commissioner  of  Education  to 
provide  blank  forms  of  affidavit  required  herein  for  use  by  the 
local  school  officers,  and  he  sjiall  include  in  his  annual  report  a 
statement  showing  every  school,  city  or  district  which  has  failed  to 
comply  with  all  the  provisions  of  this  article  during  the  preceding 
school  year. 

8  On  complaint  by  appeal  to  the  Commissioner  of  Education  by 
any  patron  of  the  schools  mentioned  in  the  last  preceding  section 
or  by  any  citizen  that  any  provision  of  this  article  has  not  been 
complied  with  in  any  city  or  district,  the  Commissioner  of  Educa- 
tion shall  make  immediate  investigation,  and  on  satisfactory  evidence 
of  the  truth  of  such  complaint,  shall  thereupon  and  thereafter 
withhold  all  public  money  of  the  State  to  which  such  city  or  district 
would  otherwise  be  entitled,  until  all  the  provisions  of  this  article 
shall  be  complied  with  in  said  city  or  district,  and  shall  exercise  his 
power  of  reclamation  and  deduction  under  section  491  of  this 
chapter. 


EDUCATION   LAW  223 

ARTICLE  26-a 

[Article  added  by  L.  1916,  ch.  567,  in  effect  May  15,  1916] 
Discipline  and  Physical  Training 

Section  695  Instruction  in  physical  training  and  kindred  subjects 

696  Rules  of  Regents 

697  State  aid  for  teachers  employed 

698  Use  of  armories  for  physical  training 

§  695  Instruction  in  physical  training  and  kindred  subjects. 
All  male  and  female  pupils  above  the  age  of  eight  years  in  all  ele- 
mentary and  secondary  schools  shall  receive  as  part  of  the  prescribed 
courses  of  instruction  therein  such  physical  training  under  the  direc- 
tion of  the  Commissioner  of  Education  as  the  Regents  may  deter- 
mine, during  periods  which  shall  average  at  least  twenty  minutes  in 
each  school  day.  Pupils  above  such  age  attending  the  public  schools 
shall  be  required  to  attend  upon  such  prescribed  courses  of 
instruction. 

The  board  of  education  or  trustees  of  every  school  district  in  a 
city  and  every  union  free  school  district  regularly  employing  twenty 
or  more  teachers  shall  employ  a  teacher  or  teachers  qualified  and 
duly  licensed  under  the  regulations  of  the  Regents  to  give  such 
instruction;  in  every  other  district  of  the  State,  they  shall  require 
such  instruction  to  be  given  by  the  teacher  or  teachers  regularly 
employed  to  give  instruction  in  other  subjects  or  by  a  teacher  or 
teachers  qualified  and  duly  licensed  under  the  regulations  of  the 
Regents.  The  boards  of  education  or  trustees  of  two  or  more 
contiguous  districts  in  the  same  supervisory  district,  however,  may 
join  in  the  employment  of  a  teacher  qualified  and  duly  licensed 
under  the  regulations  of  the  Regents  to  give  such  instruction;  and 
the  salary  of  such  teacher  and  the  expenses  incurred  on  account  of 
such  instruction  shall  be  apportioned  by  the  district  superintendent 
among  such  districts  according  to  the  assessed  valuation  thereof, 
and  as  so  apportioned  shall  be  a  charge  upon  each  of  such  districts. 
Similar  courses  of  instruction  shall  be  prescribed  and  maintained 
in  private  schools  in  the  State,  and  all  pupils  in  such  schools  over 
eight  years  of  age  shall  attend  upon  such  courses;  and  if  such 
courses  are  not  so  established  and  maintained  in  any  private  school, 
attendance  upon  instruction  in  such  school  shall  not  be  deemed 
substantially  equivalent  to  instruction  given  to  children  of  like  ages 
in  the  public  school  or  schools  of  the  city  or  district  in  which  the 


224  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

child  resides.     [Amended  by  L.  1918,  ch.  442  and  L.  1921,  chs.  211 
and  389,  in  effect  July  1,  1921.] 

§  696  Rules  of  Regents.  It  shall  be  the  duty  of  the  Regents 
to  adopt  rules  determining  the  subjects  to  be  included  in  courses  of 
physical  training  provided  for  in  this  article,  the  period  of  instruc- 
tion in  each  of  such  courses,  the  qualifications  of  teachers,  and  the 
attendance  upon  such  courses  of  instruction.  [Added  by  L.  1916, 
ch.  567  and  amended  by  L.  1921,  chs.  211  and  389,  in  effect  July  1, 
1921.] 

§  697  State  aid  for  teachers  employed.  The  Commissioner  of 
Education,  in  the  annual  apportionment  of  state  school  moneys, 
shall  apportion  therefrom  to  each  city  and  school  district  on  account 
of  courses  of  instruction  as  provided  in  this  article,  established  and 
maintained  in  the  schools  of  such  city  or  district  during  the  school 
year  or  any  part  thereof,  a  sum  equal  to  one-half  of  the  salary 
paid  to  each  teacher  qualified  and  duly  licensed  under  the  regula- 
tions of  the  Regents  to  give  instruction  in  such  courses,  but  the 
entire  amount  apportioned  on  account  of  a  single  teacher  during  a 
school  year  shall  not  exceed  six  hundred  dollars.  Such  apportion- 
ments shall  be  made  out  of  moneys  to  be  appropriated  therefor, 
subject  to  the  provisions  of  law  relative  to  apportionments  of  public 
money  to  the  public  schools  of  the  State.  Such  apportionments 
shall  not  be  made  unless  such  courses  of  instruction  shall  be 
approved  by  the  Commissioner  of  Education  and  the  instruction 
therein  shall  meet  the  standards  prescribed  and  conform  to  the 
provisions  of  this  article  and  the  rules  of  the  Regents  of  the  Uni- 
versity in  respect  thereto.  If  two  or  more  districts  shall  jointly 
employ  a  teacher  thus  qualified  to  give  such  courses  of  instruction, 
the  Commissioner  of  Education  shall  apportion  a  Hke  amount  on 
account  of  the  salary  paid  to  the  teacher,  which  shall  be  apportioned 
to  the  school  districts  in  accordance  with  the  amount  required  to 
be  paid  by  each  district  for  the  maintenance  of  such  courses  of 
instruction.     [Amended  by  L.  1918,  ch.  442.] 

§  698  Use  of  armories  for  physical  training.  The  physical 
training  hereinbefore  provided  for,  may  be  given,  when  practicable, 
in  any  armory  of  the  State  where  such  armory  is  within  convenient 
distance  from  the  school,  and  at  such  times  and  in  such  manner 
as  not  to  interfere  with  the  regular  military  uses  of  such  armory. 
The  commanding  officer  in  charge  of  any  such  armory  shall,  upon 
application  made  by  any  board  of  education  or  trustees  of  the 
several  cities  and  school  districts  within  the  State,  permit  access  to 


EDUCATION    LAW  225 

any  such  armory,  for  the  purposes  herein  mentioned.     [Added  by 
L.  1919,  ch.  112,  in  effect  March  27,  1919.] 


ARTICLE  26-b 

[Added  by  L.  1917  ch.  210,  in  effect  April  19,  1917] 

Section  700  Instruction  in  the  humane  treatment  of  animals  and  birds 

§  700  Instruction  in  the  humane  treatment  of  animals  and 
birds.  The  officer,  board  or  commission  authorized  or  required 
to  prescribe  courses  of  instruction  shall  cause  instruction  to  be  given 
in  every  elementary  school  under  state  control  or  supported  wholly 
or  partly  by  public  money  of  the  State,  in  the  humane  treatment 
and  protection  of  animals  and  birds  and  the  importance  of  the  part 
they  play  in  the  economy  of  nature.  Such  instruction  shall  be  for 
such  period  of  time  during  each  school  year  as  the  Board  of  Regents 
may  prescribe  and  may  be  joined  with  work  in  literature,  reading, 
language,  nature  study  or  ethnology.  Such  weekly  instruction  may 
be  divided  into  two  or  more  periods.  A  school  district  shall  not 
be  entitled  to  participate  in  the  public  school  money  on  account  of 
any  school  or  the  attendance  at  any  school  subject  to  the  provisions 
of  this  section,  if  the  instruction  required  hereby  is  not  given  therein. 
The  Commissioner  of  Education  shall,  pursuant  to  this  act,  cause 
the  consideration  of  the  humane  treatment  of  animals  and  birds  to 
be  included  in  the  program  of  teachers'  institutes.  [Added  by  L. 
1917,  ch.  210,  in  effect  April  19,  1917.] 


ARTICLE  26.C 

[Article  added  by  L.  1918,  ch.  241,  in  effect  April  17,  1918] 

Instruction  in  Patriotism  and  Citizenship 

Section  705  Courses  of  instruction  in  patriotism  and  citizenship 

706  Rules   prescribing   courses ;    inspection   and   supervision ;    enforce- 
ment 

§  705  Courses   of   instruction   in   patriotism   and   citizenship. 

In  order  to  promote  a  spirit  of  patriotic  and  civic  service  and 
obligation  and  to  foster  in  the  children  of  the  State  moral  and 
intellectual  qualities  which  are  essential  in  preparing  to  meet  the 
obligations  of  citizenship  in  peace  or  in  war,  the  Regents  of  The 
University  of  the   State  of   New  York  shall  prescribe  courses  of 


226  THE    UNIVERSITY    OF    THE   STATE   OF    NEW    YORK 

instruction  in  patriotism  and  citizenship,  to  be  maintained  and  fol- 
lowed in  all  the  schools  of  the  State.  The  boards  of  education 
and  trustees  of  the  several  cities  and  school  districts  of  the  State 
shall  require  instruction  to  be  given  in  such  courses,  by  the  teachers 
employed  in  the  schools  therein.  All  pupils  attending  such  schools, 
over  the  age  of  eight  years,  shall  attend  upon  such  instruction. 

Similar  courses  of  instruction  shall  be  prescribed  and  maintained 
in  private  schools  in  the  State,  and  all  pupils  in  such  schools  over 
eight  years  of  age  shall  attend  upon  such  courses.  If  such  courses 
are  not  so  established  and  maintained  in  a  private  school,  attend- 
ance upon  instruction  in  such  school  shall  not  be  deemed  substan- 
tially equivalent  to  instruction  given  to  pupils  of  like  age  in  the 
public  schools  of  the  city  or  district  in  which  such  pupils  reside. 
[Added  by  L.  1918,  ch.  241,  in  effect  April  17,  1918.] 

§  706  Rules  prescribing  courses;  inspection  and  supervision; 
enforcement.  The  Regents  of  The  University  of  the  State  of 
New  York  shall  determine  the  subjects  to  be  included  in  such 
courses  of  instruction  in  patriotism  and  citizenship,  and  the  period 
of  instruction  in  each  of  the  grades  in  such  subjects.  They  shall 
adopt  rules  providing  for  attendance  upon  such  instruction  and  for 
such  other  matters  as  are  required  for  carrying  into  effect  the 
objects  and  purposes  of  this  article.  The  Commissioner  of  Educa- 
tion shall  be  responsible  for  the  enforcement  of  this  article  and  shall 
cause  to  be  inspected  and  supervise  the  instruction  to  be  given  in 
such  subjects.  The  Commissioner  may,  in  his  discretion,  cause  all 
or  a  portion  of  the  public  school  money  to  be  apportioned  to  a  dis- 
trict or  city  to  be  withheld  for  failure  of  the  school  authorities  of 
such  district  or  city  to  provide  instruction  in  such  courses  and  to 
compel  attendance  upon  such  instruction,  as  herein  prescribed,  and 
for  a  noncompliance  with  the  rules  of  the  Regents  adopted  as  herein 
provided.     [Added  by  L.  1918,  ch.  241,  in  effect  April  17,  1918.] 


ARTICLE  27 

The  Flag 

Section  710  Purchase  and  display  of   flag 

711  Rules  and  regulations 

712  Commissioner  of   Education  shall  prepare  program 

713  Military  drill   excluded 

§  710  Purchase  and  display  of  flag.      It  shall  be  the  duty  of 
the  school  authorities  of  every  public  school  in  the  several  cities  and 


EDUCATION    LAW  227 

school  districts  of  the  State  to  purchase  a  United  States  flag,  flag- 
staff and  the  necessary  apphances  therefor,  and  to  display  such 
flag  upon  or  near  the  public  school  building  during  school  hours, 
and  at  such  other  times  as  such  school  authorities  may  direct. 

§  711  Rules  and  regulations.  The  said  school  authorities 
shall  establish  rules  and  regulations  for  the  proper  custody,  care 
and  display  of  the  flag,  and  when  the  weather  will  not  permit  it 
to  be  otherwise  displayed,  it  shall  be  placed  conspicuously  in  the 
principal  room  in  the  schoolhouse. 

§  712  Commissioner  of  Education  shall  prepare  program. 
1  It  shall  be  the  duty  of  the  Commissioner  of  Education  to  prepare, 
for  the  use  of  the  public  schools  of  the  State,  a  program  providing 
for  a  salute  to  the  flag  and  such  other  patriotic  exercises  as  may  be 
deemed  by  him  to  be  expedient,  under  such  regulations  and  instruc- 
tions as  may  best  meet  the  varied  requirements  of  the  different 
grades  in  such  schools. 

2  It  shall  also  be  his  duty  to  make  special  provision  for  the 
observance  in  the  public  schools  of  Lincoln's  birthday,  Washington's 
birthday.  Memorial  day  and  Flag  day,  and  such  other  legal  holidays 
of  like  character  as  may  be  hereafter  designated  by  law  when  the 
Legislature  makes  an  appropriation  therefor. 

§  713  Military  drill  excluded.  Nothing  herein  contained 
shall  be  construed  to  authorize  military  instruction  or  drill  in  the 
public  schools  during  school  hours. 


ARTICLE  28 

Fire  Drills 

Section  730  Duty  to  maintain  drills 

731  Penalty   for  neglect 

732  Duty  to  instruct  teachers 

733  Not  applicable  to  colleges  or  universities" 

§  730  Duty  to  maintain  drills.  In  shall  be  the  duty  of  the 
principal  or  other  person  in  charge  of  every  public  or  private  school 
or  educational  institution  within  the  State,  having  more  than  one 
hundred  pupils,  or  maintained  in  a  building  two  or  more  stories 
high  to  instruct  and  train  the  pupils  by  means  of  drills,  so  that  they 
may  in  a  sudden  emergency  be  able  to  leave  the  school  building  in 
the  shortest  possible  time  and  without  confusion  or  panic.  Such 
drills  or  rapid  dismissals  shall  be  held  at  least  once  in  each  month. 


228  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  73i  Penalty  for  neglect.  Neglect  by  any  principal  or  other 
person  in  charge  of  any  public  or  private  school  or  educational  insti- 
tution to  comply  with  the  provisions  of  this  article  shall  be  a  mis- 
demeanor punishable  at  the  discretion  of  the  court  by  fine  not 
exceeding  fifty  dollars;  such  fine  to  be  paid  to  the  pension  fund  of 
the  local  fire  department  where  there  is  such  a  fund. 

§  732  Duty  to  instruct  teachers.  It  shall  be  the  duty  of  the 
board  of  education  or  school  board  or  other  body  having  control 
of  the  schools  in  any  district  or  city  to  cause  a  copy  of  this  article 
to  be  printed  in  the  manual  or  handbook  prepared  for  the  guidance 
of  teachers,  where  such  manual  or  handbook  is  in  use  or  may  here- 
after come  into  use. 

§  733  Not  applicable  to  colleges  or  universities.  The  pro- 
visions of  this  article  shall  not  apply  to  colleges  or  universities. 


ARTICLE  29 

Arbor  Day 

Section  750  Arbor   Day 

751  Manner  of  observance 

752  Prescribed  course  of  exercises 

§  750  Arbor  Day.  The  Commissioner  of  Education  shall 
designate  by  proclamation,  annually,  the  day  to  be  observed  as 
Arbor  Day.     [Amended  by  L.  1916,  ch.  220.] 

§  751  Manner  of  observance.  It  shall  be  the  duty  of  the 
authorities  of  every  public  school  in  this  State  to  assemble  the 
pupils  in  their  charge  on  that  day  in  the  school  building,  or  else- 
where, as  they  may  deem  proper,  and  to  provide  for  and  conduct, 
under  the  general  supervision  of  the  city  superintendent  or  the 
school  commissioner,  or  other  chief  officers  having  the  general  over- 
sight of  the  public  schools  in  each  city  or  district,  such  exercises  as 
shall  tend  to  encourage  the  planting,  protection  and  preservation  of 
trees  and  shrubs,  and  an  acquaintance  with  the  best  methods  to  be 
be  adopted  to  accomplish  such  results. 

§  752  Prescribed  course  of  exercises.  The  Commissioner  of 
Education  may  prescribe  from  time  to  time  a  course  of  exercises 
and  instruction  in  the  subjects  hereinbefore  mentioned,  which  shall 
be  adopted  and  observed  by  the  public  school  authorities  on  Arbor 
Day.  Upon  receipt  of  copies  of  such  course  sufficient  in  number 
to  supply  all  the  schools  under  their  supervision,  the  school  com- 


< 


EDUCATION    LAW  229 

missioner  or  city  superintendent  aforesaid  shall  promptly  provide 
each  of  the  schools  under  his  charge  with  a  copy,  and  cause  it  to  be 
observed. 

ARTICLE  30 

Teachers  Institute 

Section  770  Duties  of   Commissioner   of   Education  regarding  teachers   insti- 
tutes 

771  Duties  of  school  commissioners 

772  Schools  must  be  closed 

nZ  Penalty  for  failure  to  attend  or  to  close  schools 

774  Teachers  must  attend;  entitled  to  salaries 

775  Payment  of   expenses 

lid  Compensation    and    expenses    of    teachers    attending    institute    or 
conference 

§  770  Duties  of  Commissioner  of  Education  regarding  teach- 
ers institutes.  It  shall  be  the  duty  of  the  Commissioner  of 
Education : 

1  To  appoint  a  teachers  institute  once  in  each  year  in  each  school 
commissioner  district  of  the  State,  for  the  benefit  and  instruction 
of  the  teachers  in  the  public  schools,  and  of  such  as  intend  to 
become  teachers,  with  special  reference  to  the  presentation  of  sub- 
jects relating  to  the  principles  of  education  and  methods  of  instruc- 
tion in  the  various  branches  of  study  pursued  in  the  schools.  After 
consultation  with  the  school  commissioners,  the  said  Commissioner 
of  Education  shall  have  power  to  determine  the  duration  of  each 
institute  and  to  designate  the  time  and  place  of  holding  the  same. 

2  To  employ  suitable  persons,  at  a  reasonable  compensation,  to 
supervise  and  conduct  the  institutes,  and,  in  his  discretion,  to  provide 
for  such  additional  instruction  as  he  may  deem  advisable  and  for 
the  best  interests  of  the  schools. 

3  To  appoint  in  his  discretion  an  institute  for  two  or  more  school 
commissioner  districts. 

4  To  establish  such  regulations  for  the  government  of  institutes 
as  he  may  deem  best;  and  he  may  establish  such  regulations  in 
regard  to  certificates  of  qualification  or  recommendation  which  may 
be  issued  by  school  commissioners  as  will,  in  his  judgment,  furnish 
incentives  and  encouragement  to  teachers  to  attend  the  institutes. 

5  To  visit  the  institutes^  or  cause  them  to  be  visited  by  repre- 
sentatives of  the  Education  Department,  for  the  purpose  of  exam- 
ining into  the  course  and  character  of  instruction  given,  and  of 
rendering  such  assistance  as  he  may  find  expedient. 


230  THE    UNIVERSITY    OF   THE   STATE   OF    NEW    YORK  ■ 

§  771  Duties  of  school  commissioners.  It  shall  be  the  duty 
of  every  school  commissioner,  subject  always  to  the  advice  and  direc- 
tion of  the  Commissioner  of  Education: 

1  To  notify  all  teachers,  trustees,  boards  of  education  and  others 
known  to  him  who  may  desire  to  become  teachers  under  his  juris- 
diction, of  the  time  when  and  the  place  where  the  institute  will  be 
held. 

2  To  make  all  necessary  arrangements  for  holding  the  institute 
when  appointed ;  see  that  a  suitable  room  is  provided ;  attend  to  all 
necessary  details  connected  therewith ;  assist  the  conductor  in  organ- 
ization; keep  a  record  of  all  teachers  in  attendance  and  notify  the 
trustees  of  the  number  of  days  attended  by  the  teachers  of  the 
various  districts,  which  shall  be  the  basis  of  pay  to  such  teacher 
for  attendance  as  hereafter  provided. 

3  To  transmit  to  the  Commissioner  of  Education  at  the  close  of 
each  institute,  in  such  form,  and  within  such  time,  as  such  commis- 
sioner shall  prescribe,  a  full  report  of  the  institute,  including  a  list 
of  all  teachers  in  attendance,  the  number  of  days  attended  by  each 
teacher,  with  such  other  information  as  may  be  required. 

4  To  present  a  full  statement  of  all  expenses  incurred  by  him  in 
carrying  on  the  institute,  with  vouchers  for  all  expenditures  made, 
accompanying  the  same  by  an  affidavit  of  the  correctness  of  state- 
ments made  and  of  accounts  presented. 

§  772  Schools  must  be  closed.  1  All  schools  in  school  districts 
and  parts  of  school  districts  within  any  school  commissioner  dis- 
tricts wherein  an  institute  is  held,  not  included  within  the  boundaries 
of  an  incorporated  city,  except  as  herein  provided,  shall  be  closed 
during  the  time  such  institute  shall  be  in  session. 

2  The  closing  of  a  school  within  the  school  commissioner  district 
wherein  an  institute  shall  be  held,  at  which  a  teacher  has  attended, 
shall  not  work  a  forfeiture  of  the  contract  under  which  such  teacher 
was  employed. 

3  In  all  districts  having  a  population  of  more  than  five  thousand, 
and  employing  a  superintendent  whose  time  is  exclusively  devoted  to 
the  supervision  of  the  schools  therein,  the  schools  may  be  closed 
or  not  at  option  of  the  boards  of  education  in  such  districts. 

§  773  Penalty  for  failure  to  attend  or  to  close  schools.  Wilful 
failure  on  the  part  of  a  teacher  to  attend  a  teachers  institute  as 
required,  shall  be  sufficient  cause  for  the  revocation  of  such  teach- 
er's license,  and  a  wilful  failure  on  the  part  of  trustees  to  close 
their  schools  during  the  holding  of  an  institute  as  required,  shall 


EDUCATION    LAW  231 

be  sufficient  cause  for  withholding  the  public  moneys  to  which  such 
districts  would  otherwise  be  entitled. 

§  774  Teachers  must  attend;  entitled  to  salaries.  1  Any 
person  under  contract  to  teach  in  a  school  in  any  commissioner 
district,  is  required  to  attend  an  institute  if  one  is  held  for  that 
district,  even  though  at  the  time  of  such  institute  the  school  is  not 
in  session,  and  shall  be  entitled  to  receive  full  salary  for  the  actual 
time  in  attendance  at  such  institute. 

2  The  trustees  of  every  school  district  are  hereby  directed  to 
give  the  teachers  employed  in  their  district  the  whole  of  the  time, 
while  an  institute  for  the  school  commissioner  district  in  which 
their  school  is  located  is  in  session,  for  attendance  thereat  and  shall 
make  no  deduction  whatever  from  the  salaries  of  such  teachers  for 
the  time  so  spent. 

§  775  Payment  of  expenses.  The  treasurer  shall  pay,  on  the 
warrant  of  the  Comptroller,  to  the  order  of  any  one  or  more  of  the 
school  commissioners,  such  sum  of  money  as  the  Commissioner  of 
Education  shall  certify  to  be  due  to  them  for  expenses  in  holding  a 
teachers  institute;  and  upon  the  like  warrant  and  certificate  shall 
pay  to  the  order  of  any  persons  employed  by  the  Commissioner  of 
Education  as  additional  instructors  to  conduct,  instruct,  teach  or 
supervise  any  such  teachers  institute. 

§  776  Compensation  and  expenses  of  teachers  attending  insti- 
tute or  conference.  A  public  school  teacher  under  contract  to 
teach  in  a  public  school  who  is  required  pursuant  to  law  or  a  regula- 
tion of  the  State  Department  of  Education  to  attend  an  institute 
or  conference  held  at  a  place  other  than  that  in  which  the  school  is 
located,  in  addition  to  his  or  her  regular  salary,  shall  be  paid  the 
sum  of  one  dollar  for  each  day  or  part  of  a  day  actually  spent  in 
attendance  at  such  institute  or  conference,  and  ten  cents  a  mile 
for  each  mile  necessarily  traveled  in  going  to  and  returning  there- 
from. The  teacher  shall  be  paid  the  foregoing  sums  by  the  district 
in  which  he  or  she  is  under  contract  to  teach  in  the  first  order 
drawn  after  the  institute  or  conference  and  in  the  annual  report 
of  the  trustees  of  such  district  the  amount  or  amounts  so  paid  shall 
be  included  therein  and  the  same  shall  be  repaid  to  the  district  out 
of  the  moneys  appropriated  for  the  support  of  common  schools 
and  the  amount  so  repaid  shall  be  apportioned  and  paid  to  such 
district  by  the  Commissioner  of  Education  at  the  same  time  and 
in  the  same  manner  as  other  public  school  moneys  are  apportioned 
and  paid  to  such  district.  [Added  by  L.  1919,  ch,  109,  in  effect 
March  27,  1919. \ 


232  THE   UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

ARTICLE  31 

Training  Classes 


4 


Section  790  Designation  of   schools   for  classes 

791  Regulations    for    classes 

792  Instruction   free 

793  School     commissioners     shall     supervise     and     examine     classes; 

teachers   certificates 

794  Teachers    training    schools    or    classes    under    superintendents    of 

schools 

§  790  Designation  of  schools  for  classes.  The  Commissioner 
of  Education  shall  designate  the  academies  and  union  free  schools 
in  which  training  classes  may  be  organized  to  give  instruction  in 
the  science  and  practice  of  common  school  teaching.  Such  classes 
shall  be  distributed  among  the  academies  and  high  schools  of  the 
several  school  commissioner  districts  of  the  State  and  consideration 
shall  be  given  to  the  number  of  school  districts  in  each  and  the 
location  and  character  of  the  institution  designated. 

§  791  Regulations  for  classes.  1  Every  academy  and  union 
school  so  designated  shall  instruct  a  training  class  of  not  less  than 
ten  nor  more  than  twenty-five  scholars,  and  every  scholar  admitted 
to  such  class  shall  continue  under  instruction  not  less  than  thirty- 
six  weeks. 

2  Whenever  it  shall  be  shown  to  the  satisfaction  of  the  Com- 
missioner of  Education  that  any  pupil  attending  such  classes  has 
been  prevented  from  attending  the  same  for  the  full  term  of  thirty- 
six  weeks,  or  that  for  any  reason  satisfactory  to  such  Commis- 
sioner, said  classes  have  not  been  held  for  the  full  term  of  thirty- 
six  weeks,  or  have  been  attended  by  less  than  ten  members,  such 
Commissioner  may  excuse  such  default  and  allow  to  the  trustees  of 
the  academy  or  union  free  school  in  which  said  classes  have  been 
instructed  an  equitable  allowance  proportionate  to  the  number  of 
pupils  and  period  of  instruction. 

3  The  Commissioner  shall  prescribe  the  conditions  of  admission 
to  the  classes,  the  course  of  instruction  and  the  rules  and  regula- 
tions under  which  said  instruction  shall  be  given. 

§  792  Instruction  free.  Instruction  shall  be  free  to  all  scholars 
admitted  to  such  classes,  who  have  continued  in  them  the  length 
of  time  required  by  the  preceding  section. 

§  793  School  commissioners  shall  supervise  classes.  Each 
class  organized  in  any  academy  or  union  school  under  appointment 
by  the  Commissioner  of  Education  for  the  instruction  in  the  science 


EDUCATION    LAW  233 

and  practice  of  common  school  teaching,  shall  be  subject  to  the 
visitation  of  the  school  commissioner  of  the  district  in  which  such 
academy  or  union  school  is  situated;  and  it  shall  be  the  duty  of 
said  school  commissioner  to  advise  and  assist  the  principals  of  said 
academies  or  union  schools  in  the  organization  and  management  of 
said  classes. 

§  794  Teachers  training  schools  or  classes  under  superin- 
tendents of  schools.  The  board  of  education  or  the  public  school 
authorities  of  any  city  or  of  any  school  district  having  a  population 
of  five  thousand  or  more  and  employing  a  superintendent  of  schools, 
may  establish,  maintain,  direct  and  control  one  or  more  schools  or 
classes  for  the  professional  instruction  and  training  of  teachers  in 
the  principles  of  education  and  in  the  method  of  instruction  for  not 
less  than  two  years. 

ARTICLE  32 

Normal  Schools;  State  College  for  Teachers 

Section  810  Normal  schools  continued 

811  Local   boards 

812  Powers  of  local  boards 

813  Bond  of   treasurer 

814  Salary  of  secretary  and  treasurer 

815  Local  boards  shall  have  management  of  buildings  and  property 

816  Courses  of  study 
816-a  Department  of  extension  teacher  training  in  the  State  Normal 

School   at   Geneseo   in   connection   with  the    Craig   Colony  at 
Sonyea 

817  Teachers,  salaries  et  cetera 

818  Commissioner  may  perform  duties  of  defaulting  local  board 

819  Diplomas 

820  Requisites  for  admission ;  privileges  and  duties  of  pupils 

821  Practice  departments  in  Fredonia  school 

822  Special  policemen 

823  Village  or  city  may  insure  normal  school  property 

824  Expense  of  insurance  a  village  or  city  charge 

825  Deposit  of   insurance  moneys   in  bank 

826  Acceptance  of  grants  and  bequests   authorized 

827  Education  of   Indian  youth 

828  Selection  of  Indian  youth 

829  Age  of  youth  and  limit  of  time  for  support 

830  Guardians  of  youth 

831  Indian  pupils  on  equality  with  others 

832  New  York  State  College  for  Teachers 

833  Board  of  trustees 

834  Contracts  for  the  education  of  children,  residing  in  a  city  or 
district  in  which  a  state  normal  school  is  located 

835  Industrial  teachers'  scholarships 


234  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


I 


§  810  Normal  schools  continued.  The  state  normal  schools 
heretofore  estabhshed  at  Brockport,  Buffalo,  Cortland,  Fredonia, 
Geneseo,  New  Paltz,  Oneonta,  Oswego,  Plattsburg  and  Potsdam, 
are  continued. 

§  811  Local  boards.  There  shall  continue  to  be  a  local  board 
of  each  of  said  state  normal  schools,  consisting  of  not  less  than 
three  nor  more  than  thirteen  persons  and  the  members  thereof  shall 
hold  their  offices  until  removed  by  the  concurrent  action  of  the 
Chancellor  of  the  University  and  the  Commissioner  of  Education. 
A  vacancy  in  any  of  the  said  boards  shall  be  filled  by  appointment 
by  the  Commissioner  of  Education. 

§  812  Powers  of  local  boards.  1  Local  boards  shall  have  the 
immediate  supervision  and  management  of  said  schools,  subject, 
however,  to  the  general  supervision  of  the  Commissioner  of  Edu- 
cation and  to  his  direction  in  all  things  pertaining  to  the  school. 
Said  local  boards  shall  have  power  to  appoint  one  of  their  number 
chairman,  one  secretary  and  another  treasurer  of  the  board.  The 
secretary  may  also  be  treasurer. 

2  A  majority  of  each  of  said  board  shall  form  a  quorum  for 
the  transaction  of  business,  and  in  the  absence  of  any  officer  of 
the  board,  another  member  may  be  appointed  pro  tempore  to  fill 
his  place  and  perform  his  duties. 

3  It  shall  be  the  duty  of  such  board  to  make  and  establish,  and 
from  time  to  time  to  alter  and  amend,  such  rules  and  regulations 
for  the  government  of  such  schools  under  their  charge,  respectively, 
as  they  shall  deem  best,  which  shall  be  subject  to  the  approval  of 
the  Commissioner  of  Education. 

4  They  shall  also  severally  transmit  through  the  Commissioner 
of  Education,  and  subject  to  his  approval  and  in  the  form  which 
he  directs,  a  report  to  the  Legislature  on  the  first  day  of  January 
in  each  year,  showing  the  condition  of  the  school  under  their  charge 
during  the  year  next  preceding,  including,  especially,  an  account  in 
detail  of  their  receipts  and  expenditures,  which  shall  be  duly  verifiec 
by  the  oath  or  affirmation  of  their  chairman  and  secretary. 

§  813  Bond  of  treasurer.  The  treasurer  shall  give  an  under 
taking  to  the  people  of  the  State  for  the  faithful  performance  of 
his  trust  in  an  amount  fixed  by  the  Commissioner  of  Education, 
The  undertaking  shall  be  approved  by  said  Commissioner  and  filed 
in  the  office  of  the  Comptroller. 

§  814  Salary  of  secretary  and  treasurer.  The  secretary  and 
the  treasurer  shall  each  be  paid  an  annual  salary  to  be  fixed  by  the 


EDUCATION    LAW  235 

local  board  with  the  approval  of  the  Commissioner  of  Education, 
but  the  aggregate  amount  of  such  salaries  shall  not  exceed  four 
hundred  dollars. 

§  815  Local  boards  shall  have  management  of  buildings  and 
property.  The  local  boards  of  managers  of  the  respective  normal 
schools  in  this  State  shall  have  the  custody,  keeping  and  manage- 
ment of  the  grounds  and  buildings  provided  or  used  for  the  pur- 
poses of  such  schools,  respectively,  and  other  property  of  the  State 
pertaining  thereto,  with  power  to  protect,  preserve  and  improve  the 
same. 

§  816  Courses  of  study.  It  shall  be  the  duty  of  the  Commis- 
sioner of  Education  to  prescribe  the  courses  of  study  to  be  pursued 
in  each  of  said  schools. 

§  816-a  Department  of  extension  teacher  training  in  the  State 
Normal  School  at  Geneseo  in  connection  with  the  Craig  Colony 
at  Sonyea.  The  Commissioner  of  Education  shall  establish  a 
department  of  extension  teacher  training  at  the  State  Normal  School 
at  Geneseo  in  connection  with  the  Craig  Colony  at  Sonyea,  which 
department  shall  conduct  all  educational  activities  at  the  Craig 
Colony  at  Sonyea.  The  members  of  the  teaching  staff  employed 
at  the  Craig  Colony  schools  when  this  act  takes  effect  shall  become 
a  part  of  the  teaching  staff  of  the  said  normal  school,  and  they 
and  all  other  teachers,  instructors  and  supervisors  hereafter 
employed  in  such  department  shall  be  employed  and  classified  under 
the  provisions  of  the  law  relating  to  teachers  in  state  normal  schools 
and  their  salaries  shall  be  fixed  as  therein  provided,  with  proper 
deductions  for  maintenance  which  shall  be  furnished  by  the  board 
of  managers  of  Craig  Colony  for  all  such  supervisors,  instructors, 
teachers,  or  students  as  are  assigned  to  the  Craig  Colony  schools 
for  teaching  or  observation.  All  instruction  given  in  the  said  Craig 
Colony  schools  shall  be  under  the  direction  of  the  principal  of  the 
State  Normal  School  at  Geneseo,  subject  to  the  supervision  of  the 
Commissioner  of  Education.  [Added  by  L.  1922,  ch.  38,  in  effect 
July  1,  1922.] 

§  817  Teachers,  salaries,  et  cetera.  1  The  Commissioner  of 
Education  shall  determine  the  number  of  teachers  to  be  employed 
and  the  classification  of  each  position  in  the  State  College  for 
Teachers  and  in  each  state  normal  school  and  the  salaries  of  such 
teachers  shall  be  subject  to  the  provisions  herein  contained.  The 
employment  of  such  teachers  shall  also  be  subject  to  his  approval. 

2  The  members  of  the  faculty  of  the  State  College  for  Teachers 
shall  be  classified  as  follows: 


236  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

a  President. 

h  Dean. 

c  Dean  of  women. 

d  Professor. 

e  Assistant  professor. 

/  Instructor. 

g  Assistant  instructor. 

3  The  members  of  the  faculty  of  each  of  the  state  normal  and 
training  schools  shall  be  classified  as  follows: 

a  Principal. 

h  Head  of  department,  or  supervisor. 
c  Assistant  in  department. 

d  Teachers  in  charge  of  grades  of  children  in  the  elementary 
schools  of  practice  as  critic  and  model  teachers. 

4  Each  member  of  the  faculty  of  the  State  College  for  Teachers 
and  of  each  of  the  faculties  of  the  state  normal  and  training  schools 
shall  receive  an  annual  salary  to  be  paid  in  ten  equal  payments. 
The  first  payment  shall  be,  made  on  the  first  day  of  October  each 
year  and  one  payment  thereafter  on  the  first  day  of  each  month 
up  to  and  including  the  first  day  of  July. 

5  Each  person  now  holding  or  hereafter  appointed  to  a  position 
under  the  foregoing  classification  of  the  faculty  of  the  said  State 
College  for  Teachers  shall  receive  the  salary  provided  in  the  annual 
appropriation  bill  for  such  position,  which  salary  shall  be  increased 
annually  until  the  maximum  salary  as  hereinafter  provided  for  such 
position  is  reached.  No  new  appointment  shall  be  made  at  a  salary 
greater  than  the  minimum  salary  hereinafter  provided  for  the 
respective  position  except  that  not  more  than  two  annual  increments 
may  be  allowed  in  addition  to  such  minimum  salary  for  unusual 
training  or  equivalent  experience  in  other  teaching  positions,  but 
in  no  case  shall  the  amount  to  be  paid  be  in  excess  of  the  amount 
appropriated  therefor.  "  For  the  positions  hereinafter  named  the 
minimum  and  maximum  salaries  and  the  annual  increases  shall  be 
as  follows: 

a  President,  minimum  salary,  six  thousand  dollars;  maximum 
salary,  six  thousand  five  hundred  dollars ;  annual  increase,  two  hun- 
dred and  fifty  dollars. 

h  Dean,  minimum  salary,  four  thousand  five  hundred  dollars; 
maximum  salary,  five  thousand  dollars;  annual  increase,  two  hun- 
dred and  fifty  dollars. 

c  Dean  of  women,  minimum  salary,  two  thousand  dollars;  maxi- 


EDUCATION    LAW  237 

mum  salary,  three  thousand  two  hundred  dollars;  annual  increase, 
two  hundred  dollars. 

d  Professor,  minimum  salary,  three  thousand  dollars;  maximum 
salary,  four  thousand  five  hundred  dollars;  annual  increase,  two 
hundred  and  fifty  dollars. 

e  Assistant  professor,  minimum  salary,  two  thousand  dollars; 
maximum  salary,  three  thousand  dollars;  annual  increase,  two  hun- 
dred dollars. 

/  Instructor,  minimum  salary,  one  thousand  five  hundred  dollars; 
maximum  salary,  one  thousand  nine  hundred  dollars;  annual 
increase,  one  hundred  dollars. 

g  Assistant  instructor,  minimum  salary,  one  thousand  two  hun- 
dred dollars;  maximum  salary,  one  thousand  five  hundred  dollars; 
annual  increase,  one  hundred  dollars. 

6  Each  person  now  holding  or  hereafter  appointed  to  a  position 
under  the  foregoing  classification  of  the  faculty  of  the  state  normal 
and  training  schools  shall  receive  the  salary  provided  in  the  annual 
appropriation  bill  for  such  position,  which  salary  shall  be  increased 
annually  as  hereinafter  provided.  No  new  appointment  shall  be 
made  at  a  greater  salary  than  the  minimum  salary  herein  provided 
for  the  respective  positions,  except  that  not  more  than  two  annual 
increments  may  be  allowed  in  addition  to  such  minimum  salary  for 
unusual  training  or  equivalent  experience  in  other  teaching  posi- 
tions, but  in  no  case  shall  the  amount  to  be  paid  be  in  excess  of 
the  amount  appropriated  therefor.  For  the  positions  hereinafter 
named  the  minimum  and  maximum  salaries  and  the  annual 
increases  shall  be  as  follows: 

a  Principal,  minimum  salary,  four  thousand  dollars;  maximum 
salary,  five  thousand  dollars;  annual  increase,  two  hundred  and 
fifty  dollars.  A  deduction  of  five  hundred  dollars  shall  be  made  in 
the  salary  of  a  principal  for  whom  the  state  provides  a  residence. 

h  Head  of  department,  or  supervisor,  minimum  salary,  two  thou- 
sand and  five  hundred  dollars;  maximum  salary,  four  thousand 
dollars  for  not  to  exceed  five  positions  in  any  one  school,  and  not 
more  than  three  thousand  and  five  hundred  dollars  for  the  others 
in  such  positions;  annual  increase,  two  hundred  and  fifty  dollars. 

c  Assistant  in  a  department,  minimum  salary,  one  thousand  eight 
hundred  dollars;  maximum  salary,  two  thousand  six  hundred  dol- 
lars ;  annual  increase,  two  hundred  dollars. 

d  Teacher  in  charge  of  grade  as  critic  or  model  teacher,  mini- 
mum salary,  one  thousand  eight  hundred  dollars;  maximum  salary, 


238  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

two  thousand   six  hundred  dollars;   annual  increase,  two   hundred 
dollars. 

The  foregoing  classifications  shall  not  apply  to  part-time  teachers, 
extension  teachers,  teachers  of  evening  classes  or  to  teachers  in 
summer  sessions  of  the  State  College  for  Teachers  or  of  the  state 
normal  schools.  No  person  employed  under  any  of  the  foregoing 
classifications  shall  be  entitled  to  the  annual  increase  hereinbefore 
provided  whose  service  is  not  meritorious. 

7  The  Regents  of  the  University  shall  determine  the  procedure 
by  which  a  member  of  the  faculty  of  one  of  the  institutions  herein 
specified  who  has  reached  the  maximum  salary  in  his  classification 
may  be  promoted  to  the  next  higher  grade  on  evidence  of  continued 
meritorious  services;  provided,  however,  that  in  the  State  College 
for  Teachers  the  total  number  of  professors  shall  not  be  increased 
beyond  one  such  professor  for  each  fifty  full-time  matriculated 
students;  but  nothing  herein  shall  be  construed  to  affect  the  number 
of  such  professors  and  assistant  professors  employed  in  such  State 
College  for  Teachers  at  the  time  this  act  shall  take  effect.  [Amended 
by  L.  1918,  ch.  558;  L.  1919,  ch.  560;  and  by  L.  1920,  ch.  499, 
in  effect  July  1,  1920.  The  sum  of  $118,080  was  appropriated  for 
the  purpose  of  paying  the  salaries  prescribed  in  the  schedule  of 
salaries  provided  for  by  L.  1920,  ch.  499.] 

§  818  Commissioner  may  perform  duties  of  defaulting  local 
board.  During  such  time  as  any  local  board  shall  fail  or  refuse 
to  discharge  any  duty  the  Commissioner  of  Education  is  hereby 
authorized  to  discharge  such  duty  of  such  local  boards  or  any  of 
their  officers;  and  the  acts  of  said  Commissioner  of  Education  in 
the  premises  shall  be  as  valid  and  binding  as  if  done  by  a  competent 
local  board  or  its  officers,  or  with  their  cooperation. 

§  819  Diplomas.  The  Commissioner  of  Education  shall  pre- 
pare suitable  diplomas  to  be  granted  to  the  students  of  such  school, 
who  shall  have  completed  one  or  more  of  the  courses  of  study  and 
discipline  prescribed,  and  a  diploma  signed  by  him,  the  chairman 
and  secretary  of  the  local  board  and  the  principal  of  the  school, 
shall  be  of  itself  a  certificate  of  qualification  to  teach  common 
schools. 

§  820  Requisites  for  admission ;  privileges  and  duties  of  pupils. 
1  All  applicants  for  admission  to  a  normal  school  shall  be  residents 
of  this  State,  or  if  not,  they  shall  be  admitted  only  upon  the  pay- 
ment of  such  tuition  fees  as  shall  be,  from  time  to  time,  prescribed 
by  the  Commissioner  of  Education.     Applicants  shall  present  such 


EDUCATION    LAW  239 

evidences  of  proficiency  or  be  subject  to  such  examination  as  shall 
be  prescribed  by  said  Commissioner. 

2  A  normal  school  shall  not  receive  into  its  academic  department 
any  pupil  not  a  resident  of  the  territory,  for  the  benefit  or  advan- 
tage of  whose  residents  the  State  has  pledged  itself  to  maintain 
such  academic  department  unless  such  pupil  declares  it  to  be  her 
intention  to  remain  in  such  school  to  complete  the  regular  normal 
course. 

3  All  students  duly  admitted  to  the  normal  department  shall  be 
entitled  to  all  the  privileges  of  the  school,  free  from  all  charges 
for  tuition  or  for  the  use  of  books  or  apparatus,  but  every  pupil 
shall  pay  for  books  lost  by  him,  and  for  any  damage  to  books  in 
his  possession.  Any  pupil  may  be  dismissed  from  the  school  by  the 
local  board  for  immoral  or  disorderly  conduct,  or  for  neglect  or 
inability  to  perform  his  duties. 

§  821  Practice  departments  in  Fredonia  school.  The  local 
board  of  control  of  the  state  normal  school  at  Fredonia  shall  have 
the  same  powers  and  privileges  in  respect  to  practice  departments 
as  boards  of  education,  under  subdivision  3  of  section  310  and 
section  317  of  this  chapter. 

§  822  Special  policemen.  For  the  purpose  of  protecting  and 
preserving  such  buildings,  grounds  and  other  property,  and  pre- 
venting injuries  thereto,  and  preserving  order,  preventing  disturb- 
ances, and  preserving  the  peace  in  such  buildings  and  upon  such 
grounds,  the  local  boards  of  managers  of  each  of  said  normal  schools 
shall  have  power,  by  resolution  or  otherwise,  to  appoint,  from  time 
to  time,  one  or  more  special  policemen,  and  to  remove  the  same 
at  pleasure,  who  shall  be  police  officers,  with  the  same  powers  as 
constables  of  the  town  or  city  where  such  school  is  located,  whose 
duty  it  shall  be  to  preserve  order,  and  prevent  disturbances  and 
breaches  of  the  peace  in  and  about  the  buildings,  and  on  and  about 
the  grounds  used  for  said  school,  or  pertaining  thereto,  and  protect 
and  preserve  the  same  from  injury,  and  to  arrest  any  and  all  per- 
sons making  any  loud  or  unusual  noise,  causing  any  disturbance, 
committing  any  breach  of  the  peace,  or  misdemeanor  or  any  wilful 
trespass  upon  such  grounds,  or  in  or  upon  said  buildings,  or  any 
part  thereof  and  convey  such  person  or  persons  so  arrested,  with 
a  statement  of  the  cause  of  the  arrest,  before  a  proper  magistrate 
to  be  dealt  with  according  to  law. 

§  823  Village  or  city  may  insure  normal  school  property. 
Each  village  and  city  in  this  State,  wherein  is  located  a  state  normal 
and  training  school,  may  insure  and  keep  insured,  the   real  and 


240  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

personal  property  of  such  school  against  loss  or  damage  by  fire, 
when  the  State  refuses  to  insure,  or  keep  adequately  insured,  such 
property.  The  insurance  is  to  be  in  the  name  of  the  State,  and  in 
case  of  loss,  any  moneys  obtained  from  such  insurance  are  to  be 
used  and  disposed  of  the  same  as  if  the  State  had  efifected  such 
insurance.  The  amount  of  insurance  to  be  carried  shall  be  deter- 
mined by  the  municipal  authorities  of  such  village  or  city. 

§  824  Expense  of  insurance  a  village  or  city  charge.  The 
amount  of  money  necessary  to  effect  and  continue  such  insurance 
shall  be  raised  annually  by  such  village  or  city  at  the  same  time, 
and  in  the  same  manner,  as  the  ordinary  expenses  of  the  village  or 
city  are  raised. 

§  825  Deposit  of  insurance  moneys  in  bank.  Where  any  loss 
or  damage,  against  which  insurance  exists,  occurs  to  the  real  or 
personal  property  of  any  of  the  normal  and  training  schools  of  the 
State,  the  moneys  realized  from  such  insurance  shall  be  deposited 
by  each  company  in  which  such  property  is"  insured  in  a  bank  to 
be  designated  by  the  State  Comptroller,  subject  to  the  check  of  the 
local  board  of  managers  of  such  school,  countersigned  by  the  State 
Comptroller.  Such  moneys  shall  be  kept  as  a  separate  fund  to  the 
credit  of  the  local  board  of  managers  of  such  school,  and  shall  be 
immediately  available  to  be  expended  under  the  direction  of  such 
local  board  of  managers,  subject  to  the  approval  of  the  Commis- 
sioner of  Education,  to  repair  or  replace,  wholly  or  partially,  the 
real  or  personal  property  so  damaged  or  destroyed. 

§  826  Acceptance  of  grants  and  bequests  authorized.  The 
local  board  of  managers  of  any  state  normal  and  training  school 
of  this  State,  may  accept,  for  the  State,  by  and  with  the  consent 
of  the  Commissioner  of  Education  the  gift,  grant,  devise  or  bequest 
of  money  or  other  property,  and  to^  apply  the  same  to  any  purpose, 
not  inconsistent  with  the  general  purposes  of  such  school,  which 
shall  be  prescribed  in  the  instrument  by  which  such  gift,  grant, 
devise  or  bequest  shall  be  made. 

§  827  Education  of  Indian  youth.  The  State  Treasurer  shall 
pay,  on  the  warrant  of  the  Comptroller,  on  bills  approved  by  the 
Commissioner  of  Education,  from  the  general  fund,  such  sum  as 
may  be  appropriated  for  the  support  and  education  of  Indian  youth 
in  the  state  normal  schools. 

§  828  Selection  of  Indian  youth.  The  selection  of  such  youth 
shall  be  made  by  the  Commissioner  of  Education,  from  the  several 


1  So  in  original. 


EDUCATION    LAW  241 

Indian  tribes  located  within  this  State ;  and  in  making  such  selection 
due  regard  shall  be  had  to  a  just  participation  in  the  privileges  of 
this  article  by  each  of  the  said  several  tribes,  and,  if  practicable, 
reference  shall  also  be  had  to  the  population  of  each  of  said  tribes 
in  determining  such  selection. 

§  829  Age  of  youth  and  limit  of  time  for  support.  Such  youth 
shall  not  be  under  sixteen  years  of  age,  nor  shall  any  of  such  youth 
be  supported  or  educated  at  said  normal  schools  for  a  period  exceed- 
ing three  years. 

§  830  Guardians  of  youth.  The  local  board  of  each  normal 
school  shall  be  the  guardians  of  such  Indian  youth,  during  the 
period  of  their  connection  with  the  school;  and  shall  pay  their 
necessary  expenses,  as  provided  in  section  827  of  this  article. 

§  831  Indian  pupils  on  equality  with  others.  The  Indian 
pupils  selected  in  pursuance  of  this  article,  and  attending  said 
normal  schools,  shall  enjoy  the  same  privileges,  of  every  kind,  as 
the  other  pupils  attending  said  schools,  including  the  payment  of 
traveling  expenses,  not  exceeding  ten  dollars  to  each  pupil. 

§  832  New  York  State  College  for  Teachers.  1  The  State 
College  for  Teachers  heretofore  established  at  Albany  is  continued 
under  the  name  of  the  New  York  State  College  for  Teachers  and 
the  governing  body  of  said  college  shall  be  known  as  the  board  of 
trustees  thereof.  [Subdivision  1  amended  by  L.  1921,  ch.  276,  in 
effect  April  20,  1921.] 

2  The  said  State  College  for  Teachers  shall  be  as  heretofore, 
under  the  supervision,  management  and  government  of  the  Com- 
missioner of  Education  and  the  Regents  of  the  University.  The 
said  Commissioner  and  Regents  shall,  from  time  to  time,  make  all 
needful  rules  and  regulations;  approve  all  appointments  of  teachers 
and  others  to  be  employed  therein;  approve  the  admission  require- 
ments and  the  requirements  for  the  various  degrees  offered  by  the 
college;  and  fix  all  faculty  salaries.  The  board  of  trustees  of  such 
college  may  appoint  a  secretary  and  a  treasurer  and  any  other  officer 
that  may  in  their  judgment  be  needed  and  fix  their  compensation. 
[Subdivision  2  amended  by  L.  1913,  ch.  511,  and  L.  1921,  ch.  276, 
in  effect  April  20,  1921.] 

§  833  Board  of  trustees.  1  The  board  of  trustees  having  the 
care,  management  and  government  of  said  college  shall  consist  of 
five  persons  of  whom  the  Commissioner  of  Education  shall  be  one. 
Said  Commissioner  shall  be  president  ex  officio  of  said  board.     The 


242  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

Other  members  of  such  board  shall  be  appointed  by  said  Commis- 
sioner subject  to  the  approval  of  the  Regents. 

2  In  addition  to  the  powers  and  duties  named  herein  the  Com- 
missioner of  Education  and  the  board  of  trustees  of  said  State 
College  for  Teachers  shall  possess  all  the  powers  and  duties  which 
the  said  Commissioner  and  the  local  boards  respectively  possess 
under  this  article  in  relation  to  state  normal  schools.  [Subdivision 
2  amended  by  L.  1921,  ch.  276,  in  effect  April  20,  1921.] 

§  834  Contracts  for  the  education  of  children,  residing  in  a 
city  or  district,  in  which  a  state  normal  school  is  located.     The 

Commissioner  of  Education  is  authorized  to  enter  into  a  contract 
with  the  board  of  education  of  a  city  or  district  in  which  a  state 
normal  school  is  located  for  the  education  by  the  State,  for  such 
period  of  time  as  may  be  agreed  upon,  of  all  or  part  of  the  children 
of  legal  school  age  residing  in  such  city  or  school  district.  Before 
such  contract  becomes  binding,  it  must  be  approved  by  the  Board 
of  Regents.  Such  contract  must  be  executed  in  duplicate  and  one 
contract  filed  with  the  Commissioner  of  Education  and  the  other 
with  the  State  Comptroller.  A  board  of  education  in  such  a  city  or 
district  is  hereby  authorized  and  empowered  to  enter  into  such 
contracts  with  the  said  Commissioner  of  Education  and  to  perform 
all  necessary  acts  to  carry  out  the  purposes  of  this  act.  [Added  by 
L.  1916,  ch.  315.] 

§  835  Industrial  teachers*  scholarships.  The  Commissioner 
of  Education  is  hereby  authorized  and  empowered  to  award  within 
the  appropriation  made  for  such  purpose,  industrial  teachers'  scholar- 
ships under  rules  and  regulations  to  be  adopted  by  the  Regents  of 
The  University  of  the  State  of  New  York,  which  shall  entitle  the 
holders  thereof  to  receive  from  the  State  the  sum  of  not  more  than 
fifteen  hundred  dollars  each  for  maintenance  and  support  for  the 
term  of  one  year  while  in  attendance  upon  the  vocational  depart- 
ment of  a  state  normal  school  or  schools.  Only  such  men  as  shall 
possess  satisfactory  educational  qualifications  in  the  opinion  of  the 
Commissioner  of  Education,  and  who  have  had  at  least  five  years 
of  successful  experience  in  a  trade,  industrial  or  technical  occupa- 
tion, shall  be  eligible  to  receive  such  scholarships.  The  Regents  of 
The  University  of  the  State  of  New  York  shall  determine  from 
time  to  time  the  number  of  men  to  be  selected  from  the  several 
trades,  industrial  or  technical  occupations  in  order  to  meet  the  need 
of  teachers  in  the  vocational  schools.  [Added  by  L.  1920,  ch.  853, 
and  amended  by  L.  1921,  ch.  388,  in  effect  April  30,  1921.] 


EDUCATION    LAW  243 

ARTICLE  33 

Fines,  Penalties,  Forfeitures  and  Costs 

Section  850  Disposition  of  fines  for  benefit  of  common  schools 

851  Report  and  payment  of  fines 

852  Disposition  of  fines  for  benefit  of  schools  of  town,  district  or  city 

853  Disposition  of  fine  in  case  of  joint  district 

854  Penalty  for  falsely  claiming  to  represent  Commissioner  of  Edu- 

cation, Regents  or  other  school  officer 

855  Forfeiture  of  amount  of  moneys  lost  by  neglect 

856  Forfeiture  of  amount  of  penalty  where  suit  is  neglected 

857  No  costs  to  plaintiflfs  in  certain  cases 

858  Costs,  expenses  and  damages  a  district  charge  in  certain  cases 

859  Payment    of    costs,    charges    and    expenses    by    vote    of    district 

meeting 

860  Appeal  to  county  judge 

861  Hearing  before  county  judge 

862  Duty  of  trustees  to  carry  out  order 

§  850  Disposition  of  fines  for  benefit  of  common  schools. 
Whenever,  by  any  statute,  a  penalty  or  fine  is  imposed  for  the 
benefit  of  common  schools,  and  not  expressly  of  the  common  schools 
of  a  town  or  school  district,  it  shall  be  taken  to  be  for  the  benefit 
of  the  common  schools  of  the  county  within  which  the  conviction 
is  had ;  and  the  fine  or  penalty,  when  paid  or  collected,  shall  be  paid 
forthwith  into  the  county  treasury,  and  the  treasurer  shall  credit 
the  same  as  school  moneys  of  the  county,  unless  the  county  com- 
prise a  city  having  a  special  school  act,  in  which  case  he  shall  report 
it  to  the  Commissioner  of  Education,  who  shall  apportion  it  upon 
the  basis  of  population  by  the  last  census,  between  the  city  and  the 
residue  of  the  county,  and  the  portion  belonging  to  the  city  shall 
be  paid  into  its  treasury. 

§  851  Report  and  payment  of  fines.  Every  district  attorney 
shall  report,  annually,  to  the  board  of  supervisors,  all  such  fines 
and  penalties  imposed  in  any  prosecution  conducted  by  him  during 
the  previous  year ;  and  all  moneys  collected  or  received  by  him  or 
by  the  sheriff,  or  any  other  officer,  for  or  on  account  of  such  fines 
or  penalties,  shall  be  immediately  paid  into  the  county  treasury, 
and  the  receipt  of  the  county  treasurer  shall  be  a  sufficient  and  the 
only  voucher  for  such  money. 

§  852  Disposition  of  fines  for  benefit  of  schools  of  town,  dis- 
trict or  city.  Whenever  a  fine  or  penalty  is  inflicted  or  imposed 
for  the  benefit  of  the  common  schools  of  a  town  or  school  district, 


244  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

the  magistrate,  constable  or  other  officer  collecting  or  receiving  the 
same  shall  forthwith  pay  the  same  to  the  county  treasurer  of  the 
county  in  which  the  schoolhouse  is  located,  who  shall  credit  the  same 
to  the  town  or  district  for  whose  benefit  it  is  collected.  If  the  fine 
or  penalty  be  inflicted  or  imposed  for  the  benefit  of  the  common 
schools  of  a  city  having  a  special  school  act,  or  of  any  part  or 
district  of  a  city,  it  shall  be  paid  into  the  city  treasury. 

§  853  Disposition  of  fine  in  case  of  joint  district.  Whenever 
a  penalty  or  fine  is  imposed  upon  any  school  district  officer  for  a 
violation  or  omission  of  official  duty,  or  upon  any  person  for  any 
act  or  omission  within  a  school  district,  or  touching  property  or 
the  peace  and  good  order  of  the  district,  and  such  penalty  or  fine 
is  declared  to  be  for  the  use  or  benefit  of  the  common  schools  of 
the  town  or  of  the  county,  and  such  school  district  lies  in  two  or 
more  towns  or  counties,  the  town  or  county  intended  by  the  act 
shall  be  taken  to  be  the  one  in  which  the  schoolhouse,  or  the  school- 
house  longest  owned  or  held  by  the  district  is  at  the  time  of  such 
violation,  act  or  omission. 

§  854  Penalty  for  falsely  claiming  to  represent  Commissioner 
of  Education,  Regents  or  other  school  officer.  It  shall  be  a  mis- 
demeanor for  any  employee,  agent  or  representative  of  a  firm,  com- 
pany or  corporation  engaged  in  selling,  publishing  or  manufacturing 
papers,  periodicals,  books,  maps,  charts,  school  supplies,  apparatus 
or  furniture,  or  any  other  person  engaged  or  employed  in  such 
business  to  falsely  represent  to  a  board  of  trustees  or  board  of 
education  of  a  school  district  or  to  a  teacher  employed  in  a  public 
school  in  this  State  or  to  a  superintendent  of  schools  or  other  school 
officer  that  he  is  an  agent,  employee,  or  representative  of  the  Com- 
missioner of  Education,  the  State  Education  Department,  the 
Regents,  or  of  any  other  school  officer. 

§  855  Forfeiture  of  amount  of  moneys  lost  by  neglect.  When- 
ever the  share  of  school  moneys  or  any  portion  thereof,  apportioned 
to  any  town  or  school  district,  or  any  money  to  which  a  town  or 
school  district  would  have  been  entitled,  shall  be  lost,  in  consequence 
of  any  wilful  neglect  of  official  duty  by  any  school  commissioner, 
town  clerk,  trustees  or  clerks  of  school  districts,  the  officer  guilty 
of  such  neglect  shall  forfeit  to  the  town,  or  school  district  so  losing 
the  same,  the  full  amount  of  such  loss  with  interest  thereon. 

§  856  Forfeiture  of  amount  of  penalty  where  suit  is  neglected. 
Where  any  penalty  for  the  benefit  of  a  school  district,  or  of  the 
schools  of   any  school  district,  town,   school  commissioner   district 


EDUCATION    LAW  245 

or  county,  shall  be  incurred,  and  the  officer,  whose  duty  it  is  by 
law  to  sue  for  the  same,  shall  wilfully  and  unreasonably  refuse  or 
neglect  to  sue  for  the  same,  such  officer  shall  forfeit  the  amount 
of  such  penalty  to  the  same  use,  and  it  shall  be  the  duty  of  his 
successor  in  office  to  sue  for  the  same. 

§  857  No  costs  to  plaintiffs  in  certain  cases.  1  In  any  action 
against  school  officers,  including  supervisors  of  towns,  in  respect 
to  their  duties  and  powers  under  this  chapter,  for  any  act  per- 
formed by  virtue  of  or  under  the  color  of  their  office,  or  for  any 
refusal  or  omission  to  perform  any  duty  enjoined  by  law,  and 
which  might  have  been  the  subject  of  an  appeal  to  the  Commissioner 
of  Education,  no  costs  shall  be  allowed  to  the  plaintiff,  in  cases 
where  the  court  shall  certify  that  it  appeared  on  the  trial  that  the 
defendants  acted  in  good  faith. 

2  The  provision  of  subdivision  1  of  this  section  shall  not  extend 
to  suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce  the 
decisions  of  the  Commissioner  of  Education. 

§  858  Costs,  expenses  and  damages  a  district  charge  in  certain 
cases.  1  Whenever  the  trustees  of  any  school  district,  or  any 
school  district  officers,  have  been  or  shall  be  instructed  by  a  resolu- 
tion adopted  at  a  district  meeting  to  defend  any  action  brought 
against  them,  or  to  bring  or  defend  an  action  or  proceeding  touching 
any  district  property  or  claim  of  the  district,  or  involving  its  rights 
or  interests,  or  to  continue  any  such  action  or  defense,  all  their 
costs  and  reasonable  expenses,  as  well  as  all  costs  and  damages 
adjudged  against  them,  shall  be  a  district  charge  and  shall  be  levied 
by  tax  upon  the  district. 

2  If  the  amount  claimed  by  them  be  disputed  by  a  district  meet- 
ing, it  shall  be  adjusted  by  the  county  judge  of  any  county  in  which 
the  district  or  any  part  of  it  is  situated. 

§  859  Payment  of  costs,  charges  and  expenses  by  vote  of  dis- 
trict meeting.  1  Whenever  such  trustees  or  any  school  district 
officer  shall  have  brought  or  defended  any  such  action  or  proceeding, 
without  any  such  resolution  of  the  district  meeting,  and  after  the 
final  determination  of  such  suit  or  proceeding,  shall  present  to  any 
regular  meeting  of  the  inhabitants  of  the  district,  an  account,  in 
writing,  of  all  costs,  charges  and  expenses  paid  by  him  or  them, 
with  the  items  thereof,  and  verified  by  his  or  their  oath  or  affirma- 
tion, and  a  majority  of  the  voters  at  such  meeting  shall  so  direct, 
it  shall  be  the  duty  of  the  trustees  to  cause  the  same  to  be  assessed 
upon  and  collected  of  the  taxable  property  of  said  district,  in  the 


246  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

same  manner  as  other  taxes  are  by  law  assessed  and  collected ;  and, 
when  so  collected,  the  same  shall  be  paid  over,  by  an  order  upon 
the  collector  or  treasurer  to  the  officers  entitled  to  receive  the  same. 

2  The  provision  of  subdivision  1  of  this  section  shall  not  extend 
to  suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce  the 
decisions  of  the  Commisioner  of  Education. 

§  860  Appeal  to  county  judge.  1  Whenever  any  officer  men- 
tioned in  section  859  shall  have  complied  with  the  provisions  of  such 
section  and  the  meeting  shall  have  refused  to  direct  the  trustees  to 
levy  a  tax  for  the  payment  of  the  costs,  charges  and  expenses 
claimed  by  him,  such  officer  shall  immediately  give  notice  to  such 
meeting  that  he  will  appeal  to  the  county  judge  of  the  county  in 
which  such  district  is  located  from  the  refusal  of  said  meeting  to 
vote  a  tax  for  the  payment  of  such  claim. 

2  Within  ten  days  after  the  refusal  of  the  meeting  to  allow  such 
claim  such  officer  shall  serve  upon  the  clerk  of  the  district  or,  if 
there  be  no  district  clerk,  upon  the  town  clerk  of  the  town  an 
itemized  statement  of  his  claim,  duly  verified,  together  with  a 
written  notice  that  on  a  certain  day  named  therein  such  officer  will 
present  such  claim  to  the  county  judge  for  settlement. 

3  The  clerk  upon  whom  such  notice  and  claim  are  served  shall 
file  the  same  in  his  office  and  such  notice  and  claim  shall  be  subject 
to  the  inspection  of  any  of  the  inhabitants  of  the  school  district. 

4  The  meeting  at  which  notice  of  the  intention  of  such  officer  to 
appeal  to  the  county  judge  is  given  or  any  subsequent  district 
meeting,  duly  called,  may  appoint  one  or  more  of  the  legal  voters 
of  such  district  or  authorize  the  trustee  to  employ  counsel  to  appear 
before  the  county  judge  at  the  time  fixed  for  a  hearing  on  such 
claim  and  protect  the  rights  of  the  district  upon  such  settlement. 
The  expenses  incurred  in  the  performance  of  this  duty  shall  be  a 
charge  upon  the  district  and  the  trustees  upon  a  presentation  of  the 
account  of  such  expenses  with  proper  vouchers  therefor  shall  pay 
the  same  from  any  available  funds  in  the  district  or  include  the 
necessary  amount  in  a  tax-list  to  be  levied  upon  the  district. 

5  A  refusal  of  the  trustees  to  levy  such  tax  for  the  payment  of 
such  expenses  shall  be  subject  to  an  appeal  to  the  Commissioner  of 
Education. 

§  861  Hearing  before  county  judge.  1  Upon  the  appearance 
of  the  parties,  or  upon  due  proof  of  service  of  the  notice  and  copy 
of  the  account,  the  county  judge  shall  examine  into  the  matter  and 
hear  the  proofs  and  allegations  presented  by  the  parties,  and  decide 
by  order  whether  or  not  the  the  account,  or  any  and  what  portion 


EDUCATION    LAW  247 

thereof,  ought  justly  to  be  charged  upon  the  district,  with  costs  and 
disbursements  to  such  officer. 

2  Such  costs  and  disbursements  shall  not  exceed  the  sum  of 
thirty  dollars,  and  the  decision  of  the  county  judge  shall  be  final; 
but  no  portion  of  such  account  shall  be  so  ordered  to  be  paid  which 
shall  appear  to  such  judge  to  have  arisen  from  the  wilful  neglect  or 
misconduct  of  the  claimant.  The  account  with  the  oath  of  the  party 
claiming  the  same  shall  be  prima  facie  evidence  of  the  correctness 
thereof.  The  county  judge  may  adjourn  the  hearing  from  time  to 
time,  as  justice  shall  seem  to  require. 

§  862  Duty  of  trustees  to  carry  out  order.  It  shall  be  the 
duty  of  the  trustees  of  any  school  district,  within  thirty  days  after 
service  upon  them  or  upon  the  district  clerk  of  a  copy  of  an  order 
of  the  county  judge  and  notice  thereof  to  them  or  any  two  of  them, 
to  cause  the  same  to  be  entered  at  length  in  the  book  of  record  of 
said  district,  and  to  raise  the  amount  thereby  directed  to  be  paid, 
by  a  tax  upon  the  district,  to  be  by  them  assessed  and  levied  in  the 
same  manner  as  a  tax  voted  by  the  district. 

ARTICLE  33-a 

[Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917] 
Board  of  Education  in  the  Several  Cities  of  the  State 

Section  865      Board  of  education 

866  Board  of   education;   eligibility;   how  chosen;   term  of   office; 

vacancies 

867  Meetings  of  board  of  education 

868  Powers  and  duties  of  board  of  education 

869  Superintendent  of   schools 

870  Powers  and  duties  of  superintendent  of  schools 

871  Board  of  examiners 

871 -a  Bureau    of    compulsory    education    school    census    and    child 
welfare 

872  Appointment    of    associate,    district    or    other    superintendents, 

teachers,  experts  and  other  employees ;  their  salaries,  et  cetera 
872-a  Retirement  of  employees  of  board  of  education 

873  Local  school  board  districts 

874  Bonds   of  employees 

875  Buildings,   sites,   et  cetera 

876  Purchase  and  sale  of  real  property 

877  Education  budget 

878  Tax  election 

879  Bond  issue 

880  Funds;  custody  and  disbursement  of 

881  Continuation   in   office   of   boards,   bureaus,  teachers,   principals 

and  other  employees 


248  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  865  Board  of  education.  1  A  board  of  education  is  hereby 
established  in  each  city  of  the  State.  The  educational  affairs  in 
each  city  shall  be  under  the  general  management  and  control  of  a 
board  of  education  to  consist  of  not  less  than  three  and  not  more 
than  nine  members,  to  be  chosen  as  hereinafter  provided,  and  to 
be  known  as  members  of  the  board  of  education.  The  numbef  of 
members  on  the  board  of  education  of  each  city  shall  be  as  follows : 

a  A  city  having  nine  members  or  less  on  its  board  of  education 
shall  continue  to  have  such  number  of  members  on  said  board  as 
such  board  contains  at  the  time  this  law  goes  into  effect. 

b  A  city  having  a  population  of  one  million  or  more  shall  have 
a  board  of  education  to  consist  of  seven  members. 

c  In  all  other  cities  of  the  State  the  number  of  members  of  the 
board  of  education  shall  be  nine. 

2  A  board  of  education  in  office  at  the  time  this  law  goes  into 
effect  except  as  hereinafter  provided  shall  continue  in  office  and 
possess  the  powers  and  duties  of  a  board  of  education  under  this 
article  until  its  successor  shall  be  chosen  as  provided  herein. 

3  Except  as  otherwise  provided  in  this  act  the  provisions  of 
this  act  shall  apply  to  and  govern  the  operation  and  administration 
of  the  public  school  system  and  other  educational  affairs  in  a  city 
which  is  created  after  this  act  goes  into  effect.  The  authorities 
in  charge  of  the  operation  and  administration  of  the  schools  and 
other  educational  affairs  of  the  school  districts  included  within  such 
city  at  the  time  the  act  creating  such  city  goes  into  effect  shall 
continue  in  charge  thereof  until  the  first  Tuesday  in  May  there- 
after. On  such  first  Tuesday  in  May  a  board  of  education  con- 
sisting of  five  members  shall  be  elected  at  the  annual  school  elec- 
tion in  accordance  with  the  provisions  of  this  chapter.  One  member 
of  such  board  shall  be  elected  for  one  year,  one  member  for  two 
years,  one  member  for  three  years,  one  member  for  four  years, 
and  one  member  for  five  years  from  the  said  first  Tuesday  of  May. 
As  their  terms  expire  their  successors  shall  be  chosen  for  a  full 
term  of  five  years.  [Added  by  L.  1917,  ch.  786,  and  amended  by 
L.  1919,  ch.  299,  in  effect  May  3,  1919.] 

4  In  a  city  of  the  third  class,  created  or  to  be  created  by  the 
consolidation  of  two  cities  situated,  respectively,  in  two  adjoining 
counties,  in  which,  at  the  time  of  the  creation  of  such  consolidated 
city,  a  school  district  shall  be  coterminous  with  the  boundaries  of 
one  such  city  and  there  shall  be  in  the  other  city  a  school  district 
wholly  within  its  boundaries  but  not  coterminous  therewith    such 


EDUCATION    LAW  249 

districts  shall  constitute  the  city  school  district  of  such  consolidated 
city,  and  the  board  of  education  thereof  shall  be  a  city  board  of 
education,  within  the  meaning  of  this  article,  but  such  board  shall 
be  constituted  and  organized  as  provided  in  this  subdivision.  The 
terms  of  office  of  the  members  of  the  respective  boards  of  educa- 
tion of  the  two  districts  so  consolidated  shall  expire  thirty  days 
after  the  first  mayor  of  such  new  city  takes  office.  Within  such 
period  of  thirty  days  after  the  first  mayor  of  such  new  city  takes 
office  he  shall  appoint  a  board  of  education  for  such  consolidated 
district,  to  consist  of  five  members  whose  terms  of  office  shall  begin 
thirty  days  after  such  mayor  takes  office.  The  terms  of  office  of 
the  members  of  such  board  of  education  shall  be  respectively  one, 
two,  three,  four  and  five  years,  except  that  the  term  of  office  shall 
end  on  the  first  Tuesday  in  May  in  each  year.  As  their  terms  of 
office  expire  their  successors  shall  be  appointed  by  the  mayor  of 
such  city  for  a  full  term  of  five  years  each.  [Added  by  L.  1919, 
ch.  299,  in  effect  May  3,  1919.] 

§  866  Board  of  education;  eligibility;  how  chosen;  term  of 
office;  vacancies.  1  No  person  shall  be  eligible  to  the  office  of 
member  of  a  board  of  education  who  is  not  a  citizen  of  the  United 
States  and  who  has  not  been  a  resident  of  the  city  for  which  he 
is  chosen  for  a  period  of  at  least  three  years  immediately  preceding 
the  date  of  his  election  or  appointment. 

2  In  a  city  having  a  population  of  one  million  or  more  and 
divided  into  boroughs,  there  shall  be  a  board  of  education  con- 
sisting of  seven  members.  Two  members  of  such  board  shall  be 
residents  of  the  borough  having  the  largest  population,  two  shall 
be  residents  of  the  borough  having  the  second  largest  population, 
and  one  shall  be  a  resident  of  each  of  the  other  boroughs  in  such 
city.  The  mayor  shall  appoint  such  members  on  the  first  Wednes- 
day in  January  1918,  and  in  appointing  them  shall  designate  the 
terms  of  office  of  such  members  so  that  the  term  of  one  member  shall 
expire  on  the  first  Tuesday  in  May  1919;  one  on  the  first  Tuesday 
in  May  1920;  one  on  the  first  Tuesday  in  May  1921;  one  on  the 
first  Tuesday  in  May  1922;  one  on  the  first  Tuesday  in  May  1923; 
one  on  the  first  Tuesday  in  May  1924;  and  one  on  the  first  Tuesday 
in  May  1925.  Their  successors  shall  be  chosen  for  full  terms  of 
seven  years.  Thereafter,  as  vacancies  occur  on  such  board  they 
shall  be  filled  from  the  several  boroughs  so  that  .each  borough  shall 
always  be  represented  on  such  board  as  required  under  this  sub- 
division. A  vacancy  occurring  otherwise  than  by  expiration  of  term 
shall  be  filled  for  the  unexpired  term. 


250  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

3  In  each  city  in  which  the  law  provides,  prior  to  the  time  this 
article  goes  into  effect,  that  the  members  of  the  board  of  education 
shall  be  chosen  by  vote  of  the  people  at  an  election  separate  from 
the  general  or  municipal  election,  the  members  of  the  board  of 
education  of  that  city  shall  hereafter  be  elected  by  the  voters  at 
large  at  the  annual  school  election. 

4  In  each  city  in  which  the  law  provides,  prior  to  the  time  this 
article  goes  into  effect,  that  the  members  of  the  board  of  education 
shall  be  chosen  by  vote  of  the  people  at  a  general  or  municipal  elec- 
tion, the  members  of  such  board  of  education  shall  continue  to  be 
so  chosen  by  the  voters  at  large  at  either  a  general  or  municipal 
election,  or  at  both,  and  for  the  terms  prescribed  by  such  law. 

4-a  In  each  city  of  the  State  in  which,  under  the  laws  relative 
to  members  of  the  board  of  education  or  school  commissioners,  in 
existence  prior  to  June  8,  1917,  it  was  provided  that  such  members 
or  commissioners  comprising  the  board  of  education  of  such  city, 
shall  be,  in  part,  appointed  by  the  common  council  of  such  city, 
and,  in  part,  elected  by  the  qualified  electors  of  commissioner  dis- 
tricts into  which  such  city  is  divided,  the  members  or  commissioners 
comprising  such  board  of  education  shall  continue  to  be  appointed 
by  the  common  council,  or  elected  by  such  commissioner  districts, 
in  the  manner  and  for  the  terms  prescribed  by  such  laws,  and  so 
much  of  the  said  laws  as  pertains  to  the  number  of  members  of 
the  board  of  education  of  such  city,  the  division  of  the  city  into 
commissioner  districts,  the  election  of  commissioners  or  members 
of  the  board  by  the  qualified  electors  of  such  districts,  and  the 
appointment  of  other  members  or  commissioners  for  the  city  at  large 
by  the  common  council  of  such  city,  shall  remain  in  full  force  and 
effect  notwithstanding  the  provisions  of  the  section  hereby  amended. 
The  provisions  of  article  7-a  of  this  chapter,  as  added  by  chapter 
791  of  the  Laws  of  1917,  which  pertain  to  the  date  of  school  elec- 
tions in  cities,  qualifications  of  electors,  the  places  of  holding  elec- 
tions, notices  of  elections,  the  preparation  of  poll  lists  and  the 
correction  therefor,  the  inspectors  of  election  and  the  organization 
of  the  boards  of  inspectors  in  election  districts,  the  nomination  of 
candidates  for  members  of  the  board  and  the  ballots  containing 
the  names  of  such  candidates,  the  conduct  of  elections,  the  canvass 
of  votes,  return  to  the  board  of  education  and  declaration  of  results, 
and  the  use  of  voting  machines,  shall  apply,  so  far  as  may  be,  to 
the  election  of  the  members  of  the  board  of  education  in  such  city 
by  the  qualified  electors  of  commissioner  districts  established  as 
provided  by  law.  [Subdivision  4-a  added  by  L.  1919,  ch.  106,  in 
effect  March  27,  1919.] 


EDUCATION    LAW  251 

4-b  In  any  third  class  city  in  which  members  of  the  board  of 
education  are  not  elected  at  an  annual  school  election  as  provided 
in  article  7-a  of  this  chapter,  the  common  council  may  by  a  majority 
vote  submit  to  the  voters  at  large  in  such  city  at  any  general  or 
municipal  election,  the  question  whether  members  of  the  board  of 
education  in  such  city  shall  thereafter  be  so  elected.  If  a  majority 
of  the  votes  cast  at  such  election  be  in  the  affirmative,  members 
of  a  new  board  of  education  to  consist  of  five  members  shall  be 
elected  at  an  annual  school  election  to  be  held  in  such  city  on  the 
first  Tuesday  of  the  following  May,  for  terms  of  one,  two,  three, 
four  and  five  years  respectively,  and  the  term  of  office  of  each 
member  of  the  old  board  of  education  shall  cease  and  terminate  on 
such  first  Tuesday  in  May.  As  the  terms  of  members  of  the  new 
board  of  education  expire  their  successors  shall  be  chosen,  at  the 
annual  school  election  to  be  held  in  such  city,  for  the  full  term  of 
five  years.  [Subdivision  4-b  added  by  L.  1922,  ch.  343,  in  effect 
March  29,  1922. ^ 

5  In  each  other  city  of  the  State  members  of  the  board  of  educa- 
tion shall  be  appointed  from  the  city  at  large  by  the  mayor  except 
as  otherwise  provided  herein,  but  in  a  city  having  a  population  of 
four  hundred  thousand  or  more  and  less  than  one  million,  such 
appointment  shall  be  subject  to  confirmation  by  the  council.  The 
members  of  the  board  of  education  in  a  city  having  a  population 
of  four  hundred  thousand  or  more  and  less  than  one  million  shall 
be  appointed  by  the  mayor  on  January  15,  1918,  subject  to  con- 
firmation by  the  council,  for  terms  of  one,  two,  three,  four  and 
five  years  from  the  first  Tuesday  in  May,  1917,  and  their  successors 
shall  be  appointed  as  provided  herein  for  five  years. 

6  If  the  number  of  members  on  a  board  of  education  in  a  city 
in  which  the  members  of  such  board  are  chosen  at  an  annual  school, 
general  or  municipal  election  exceeds  nine,  no  person  shall  be  elected 
to  membership  thereon  as  vacancies  occur  until  the  number  of  mem- 
bers on  such  board  shall  be  less  than  nine. 

7  If  the  number  of  members  on  a  board  of  education  in  a  city 
in  which  the  members  of  such  board  are  appointed  by  the  mayor 
exceeds  nine,  the  term  of  office  of  each  member  of  such  board  shall 
cease  and  terminate  when  this  act  takes  effect,  except  as  otherwise 
provided  herein,  and  the  mayor  in  each  of  such  cities  shall  there- 
upon appoint  a  board  of  education  to  consist  of  nine  members. 
Such  members  shall  be  appointed  for  the  following  terms:  two 
members  to  serve  until  the  first  Tuesday  in  May,  1918;  two  to 
serve  until   the   first   Tuesday  in   May,    1919;   two   until  the   first 


252  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Tuesday  in  May,  1920;  two  until  the  first  Tuesday  in  May,  1921, 
and  one  until  the  first  Tuesday  in  May,  1922.  As  their  terms 
expire,  their  successors  shall  be  chosen  for  a  full  term  of  five  years. 

8  The  persons  either  elected  or  appointed  to  membership  for 
a  full  term  on  a  board  of  education,  and  their  successors  in  office, 
shall  be  elected  or  appointed  for  terms  of  five  years  each,  except  as 
otherwise  provided  in  this  act. 

9  In  a  city  having  less  than  five  members  on  its  board  of  educa- 
tion the  term  of  office  of  such  members  shall  be  for  the  period 
of  time  specified  in  the  law  in  effect  prior  to  the  time  this  act  goes 
into  effect.  As  the  terms  of  office  of  such  members  expire  their 
successors  shall  be  chosen  for  like  terms. 

10  a  When  vacancies  occur  in  a  board  of  education  by  expira- 
tion of  term,  prior  to  the  first  Tuesday  in  May,  1921,  in  a  city  in 
which  the  members  of  such  board  are  elected  at  the  annual  school 
election  held  on  the  first  Tuesday  in  May,  such  vacancies  shall  be 
filled  for  such  terms  that  the  terms  of  one-fifth,  or  as  near  as  may 
be,  of  all  members  of  such  board  shall  expire  on  the  first  Tuesday 
in  May,  1921,  and  annually  thereafter. 

b  Where  such  vacancies  have  been  filled  by  appointment  by  the 
mayor  as  required  herein  since  June  8,  1917,  or  shall  be  hereafter 
so  filled,  the  mayor  shall  designate  the  terms  for  which  such  persons 
so  appointed  are  to  hold  office  so  that  the  terms  of  one-fifth,  or 
as  near  as  may  be,  of  the  members  of  such  board  shall  expire  on 
the  first  Tuesday  in  May,  1921  and  annually  thereafter. 

c  The  persons  so  elected  or  appointed  shall  take  office  immedi- 
ately thereafter,  except  as  otherwise  provided  herein.  [Subdivision 
a  amended  by  L.  1918,  ch.  252,  in  effect  April  17,  1918.] 

11  If  a  vacancy  occurs  other  than  by  expiration  of  term  of  office 
in  the  office  of  a  member  of  a  board  of  education  in  a  city  in  which 
such  members  are  elected  at  a  school,  or  general,  or  municipal  elec- 
tion, such  vacancy  shall  be  filled  by  appointment  by  the  mayor  until 
the  next  annual  school  election  is  held,  and  such  vacancy  shall  then 
be  filled  at  such  election  for  the  unexpired  portion  of  such  term. 

12  If  such  vacancy  occurs  in  such  office  in  a  city  in  which  the 
members  of  the  board  of  education  are  appointed  by  the  mayor, 
such  vacancy  shall  be  filled  by  appointment  by  the  mayor  of  such 
city  for  the  unexpired  portion  of  such  term,  but  in  a  city  having 
a  population  of  four  hundred  thousand  or  more  and  less  than  one 
million,  such  appointment  shall  be  subject  to  confirmation  by  the 
council.      [Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 


EDUCATION    LAW  253 

§  867  Meetings  of  board  of  education.  1  The  annual  meeting 
of  a  board  of  education  shall  be  held  on  the  second  Tuesday  in  May, 
at  four  o'clock  in  the  afternoon,  at  which  meeting  the  board  shall 
select  a  president  for  the  ensuing  year. 

2  Each  of  such  boards  shall  also  fix  the  day  and  hour  for  holding 
regular  board  meetings  which  shall  be  at  least  as  often  as  once  each 
month  and  shall  also  prescribe  a  method  for  calling  special  meetings 
of  such  board.  [Amended  by  L.  1918,  ch.  252,  in  effect  April  17, 
1918.] 

§  868  Powers  and  duties  of  board  of  education.  Subject  to 
the  provisions  of  this  chapter,  the  board  of  education  in  a  city  shall 
have  the  power  and  it  shall  be  its  duty 

1  To  perform  any  duty  imposed  upon  boards  of  education  or 
trustees  of  common  schools  under  this  chapter  or  other  statutes,  or 
the  regulations  of  The  University  of  the  State  of  New  York  or 
the  Commissioner  of  Education  so  far  as  they  may  be  applicable 
to  the  school  or  other  educational  affairs  of  a  city,  and  not  incon- 
sistent with  the  provisions  of  this  article. 

2  To  create,  abolish,  maintain  and  consolidate  such  positions, 
divisions,  boards  or  bureaus  as,  in  its  judgment,  may  be  necessary 
for  the  proper  and  efficient  administration  of  its  work;  to  appoint 
a  superintendent  of  schools,  such  associate,  district  and  other  super- 
intendents, examiners,  directors,  supervisors,  principals,  teachers, 
lecturers,  special  instructors,  medical  inspectors,  nurses,  auditors, 
attendance  officers,  secretaries,  clerks,  janitors  and  other  employees 
and  other  persons  or  experts  in  educational,  social  or  recreational 
work  or  in  the  business  management  or  direction  of  its  affairs  as 
said  board  shall  determine .  necessary  for  the  efficient  management 
of  the  schools  and  other  educational,  social,  recreational  and  business 
activities ;  and  to  determine  their  duties  except  as  otherwise  provided 
herein. 

3  To  have  the  care,  custody,  control  and  safekeeping  of  all  school 
property  or  other  property  of  the  city  used  for  educational,  social 
or  recreational  work  and  not  specifically  placed  by  law  under  the 
control  of  some  other  body  or  officer,  and  to  prescribe  rules  and 
regulations  for  the  preservation  of  such  property. 

4  To  purchase  and  furnish  such  apparatus,  maps,  globes,  books, 
furniture  and  other  equipment  and  supplies  as  may  be  necessary 
for  the  proper  and  efficient  management  of  the  schools  and  other 
educational,  social  and  recreational  activities  and  interests  under  its 
management  and  control.  To  provide  textbooks  or  other  supplies 
to  all  the  children  attending  the  schools  of  such  cities  in  which  free 


254  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

textbooks  or  other  supplies  are  lawfully  provided  prior  to  the  time 
this  act  goes  into  effect. 

5  To  establish  and  maintain  such  free  elementary  schools,  high 
schools,  training  schools,  vocational  and  industrial  schools,  kinder- 
gartens, technical  schools,  night  schools,  part-time  or  continuation 
schools,  vacation  schools,  schools  for  adults,  open  air  schools,  schools 
for  the  mentally  and  physically  defective  children  or  such  other 
schools  or  classes  as  such  board  shall  deem  necessary  to  meet  the 
needs  and  demands  of  the  city. 

6  To  establish  and  maintain  libraries  which  may  be  open  to  the 
public,  to  organize  and  maintain  public  lecture  courses,  and  to  estab- 
lish and  equip  playgrounds,  recreation  centers,  social  centers,  and 
reading  rooms  from  such  funds  as  the  Education  Law  or  other 
statutes  authorize  and  the  State  appropriates  for  such  purposes, 
and  from  such  other  funds  as  may  be  provided  therefor  from  local 
taxation  or  other  sources. 

7  To  authorize  the  general  courses  of  study  which  shall  be  given 
in  the  schools  and  to  approve  the  content  of  such  courses  before 
they  become  operative. 

8  To  authorize  and  determine  the  textbooks  to  be  used  in  the 
schools  under  its  jurisdiction,  but  in  a  city  having  a  board  of  super- 
intendents, the  books  thus  authorized  and  determined  shall  be  from 
lists  recommended  by  such  board. 

9  To  prescribe  such  regulations  and  by-laws  as  may  be  necessary 
to  make  effectual  the  provisions  of  this  chapter  and  for  the  conduct 
of  the  proceedings  of  said  board  and  the  transaction  of  its  business 
affairs  for  the  general  management,  operation,  control,  maintenance 
and  discipline  of  the  schools,  and  of  all  other  educational,  social  or 
recreational  activities  and  other  interests  under  its  charge  or 
direction. 

10  To  perform  such  other  duties  and  possess  such  other  powers 
as  may  be  required  to  administer  the  affairs  placed  under  its  control 
and  management,  to  execute  all  powers  vested  in  it,  and  to  promote 
the  best  interests  of  the  schools  and  other  activities  committed  to 
its  care.     [Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 

§  869  Superintendent  of  schools,  associate  superintendents, 
board  of  superintendents.  The  superintendent  or  an  associate 
superintendent  of  schools  of  a  city  in  office  when  this  article  goes 
into  effect  shall  hold  his  position  for  the  term  for  which  he  was 
chosen  and  until  his  successor  is  chosen.  A  superintendent  or  asso- 
ciate superintendent  appointed  after  this  article  goes  into  effect  shall 
hold  his  position  in  a  city  of  the  first  class  for  a  period  of  six  years 


EDUCATION    LAW  255 

from  the  date  of  his  appointment  subject  to  removal  for  cause 
and  in  all  other  cities  subject  to  the  pleasure  of  the  board  of  educa- 
tion. In  a  city  having  a  population  of  one  million  or  more  there 
shall  be  eight  associate  superintendents,  and  the  superintendent  of 
schools  and  such  associate  superintendents  shall  constitute  a  board 
of  superintendents.  The  superintendent  of  schools  shall  be  the 
chairman  of  such  board.  A  superintendent  or  an  associate  super- 
intendent may  vacate  his  position  by  filing  a  written  resignation 
with  the  board  of  education.  No  person  shall  be  eligible  to  the  posi- 
tion of  superintendent  of  schools  or  associate,  district  or  other  super- 
intendent of  schools  or  a  member  of  the  board  of  examiners 
unless  he  is 

1  A  graduate  of  a  college  or  university  approved  by  The  Univer- 
sity of  the  State  of  New  York,  and  has  had  at  least  five  years' 
successful  experience  in  the  teaching  or  in  the  supervision  of  public 
schools  since  graduation;  or 

2  A  holder  of  a  superintendent's  certificate  issued  by  the  Com- 
missioner of  Education  under  regulations  prescribed  by  th^  Regents 
of  The  University  of  the  State  of  New  York,  and  has  had  at  least 
ten  years'  successful  experience  in  teaching,  or  in  public  school 
administration,  or  equivalent  educational  experience  approved  by 
the  Commissioner  of  Education.  [Added  by  L.  1917,  ch.  786,  in 
effect  June  8,  1917.] 

§  870  Powers  and  duties  of  superintendent  of  schools.  The 
superintendent  of  schools  of  a  city  shall  possess,  subject  to  the 
by-laws  of  the  board  of  education,  the  following  powers  and  be 
charged  with  the  following  duties: 

1  To  enforce  all  provisions  of  law  and  all  rules  and  regulations 
relating  to  the  management  of  the  schools  and  other  educational, 
social  and  recreational  activities  under  the  direction  of  the  board 
of  education,  to  be  the  chief  executive  officer  of  such  board  and 
the  educational  system,  and  to  have  a  seat  in  the  board  of  education 
and  the  right  to  speak  on  all  matters  before  the  board,  but  not 
to  vote. 

2  To  prepare  the  content  of  each  course  of  study  authorized  by 
the  board  of  education,  but  in  a  city  having  a  board  of  superin- 
tendents the  content  of  each  of  such  courses  shall  be  prepared  and 
recommended  by  the  board  of  superintendents,  submitted  to  the 
board  of  education  for  its  approval  and,  when  thus  approved,  the 
superintendent  or  board  of  superintendents,  as  the  case  may  be, 
shall  cause  such  courses  of  study  to  be  used  in  the  grades,  classes 
and  schools  for  which  they  are  authorized. 


256  THE    UNIVERSITY    OF    THE   STATE   OF    NEW    YORK 

3  To  recommend  suitable  lists  of  textbooks  to  be  used  in  the 
schools,  but  in  a  city  having  a  board  of  superintendents  such  board 
of  superintendents  shall  recommend  to  the  board  of  education 
such  lists. 

4  To  have  supervision  and  direction  of  associate,  district  and 
other  superintendents,  directors,  supervisors,  principals,  teachers, 
lecturers,  medical  inspectors,  nurses,  auditors,  attendance  officers, 
janitors  and  other  persons  employed  in  the  management  of  the 
schools  or  the  other  educational  activities  of  the  city  authorized  by 
this  chapter  and  under  the  direction  and  management  of  the  board 
of  education;  to  transfer  teachers  from  one  school  to  another,  or 
from  one  grade  of  the  course  of  study  to  another  grade  in  such 
course,  and  to  report  immediately  such  transfers  to  said  board  for 
its  consideration  and  action,  but  in  a  city  having  a  board  of  super- 
intendents such  transfers  shall  be  made  upon  the  recommendation 
of  such  board;  to  report  to  said  board  of  education  violations  of 
regulations  and  cases  of  insubordination,  and  to  suspend  an  asso- 
ciate, district  or  other  superintendent,  director,  supervisor,  expert, 
principal,  teacher  or  other  employee  until  the  next  regular  meeting 
of  the  board,  when  all  facts  relating  to  the  case  shall  be  submitted 
to  the  board  for  its  consideration  and  action. 

5  To  have  supervision  and  direction  over  the  enforcement  and 
observance  of  the  courses  of  study,  the  examination  and  promotion 
of  pupils,  and  over  all  other  matters  pertaining  to  playgrounds, 
medical  inspection,  recreation  and  social  center  work,  libraries,  lec- 
tures and  all  the  other  educational  activities  and  interests  under  the 
management,  direction  and  control  of  the  board  of  education,  but 
in  a  city  having  a  board  of  superintendents  rules  and  regulations 
for  the  promotion  and  graduation  of  pupils  shall  be  made  by  such 
board. 

6  To  issue  such  licenses  to  teachers,  principals,  directors  and 
other  members  of  the  teaching  and  supervising  staff  as  may  be 
required  under  the  regulations  of  the  board  of  education  in  cities 
in  which  such  board  requires  its  teachers  to  hold  qualifications  in 
addition  to  or  in  advance  of  the  minimum  qualifications  required 
under  this  chapter.  In  a  city  having  a  board  of  examiners,  such 
licenses  shall  be  issued  on  the  recommendation  of  such  board. 
[Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 

§  871  Board  of  examiners.  In  a  city  having  a  population  of 
one  million  or  more  there  shall  be  a  board  of  examiners  to  consist 
of  seven  members.  No  person  while  in  the  supervising  or  teaching 
service  in  the  city  shall  serve  on  such  board.     It  shall  be  the  duty 


EDUCATION    LAW  257 

of  the  board  to  hold  examinations  whenever  necessary,  to  examine 
all  applicants  who  are  required  to  be  licensed  or  to  have  their  names 
placed  upon  eligible  lists  for  appointment  in  the  schools  in  such 
city,  except  examiners,  and  to  prepare  all  necessary  eligible  lists. 
Eligible  lists  shall  not  be  merged  and  one  eligible  list  shall  be 
exhausted  before  nominations  are  made  from  a  list  of  subsequent 
date.  No  eligible  lists,  except  a  principal's  eligible  list,  shall  remain 
in  force  for  a  longer  period  than  three  years.  The  board  of  exam- 
iners may  employ  temporary  assistants  at  a  compensation  fixed  by 
the  board  of  education.  It  shall  perform  such  other  duties  as  the 
board  of  education  may  require.  [Amended  by  L.  1917,  ch.  786, 
and  L.  1920,  ch.  837,  in  effect  May  20,  1920.] 

§  871 -a  Bureau  of  compulsory  education,  school  census  and 
child  welfare.  In  a  city  having  a  population  of  one  million  or 
more  there  shall  be  a  bureau  of  compulsory  education,  school  census 
and  child  welfare.  Said  bureau  shall  consist  of  a  director,  an 
assistant  director,  a  chief  attendance  officer,  and  such  other  super- 
visors, attendance  officers,  enumerators,  clerks  and  other  employees 
as  may  be  necessary  to  carry  out  the  provisions  of  articles  twenty- 
two,  twenty-three  and  twenty-four  of  the  Education  Law,  and  to 
perform  other  and  related  duties  imposed  by  the  provisions  of  any 
other  statutes  or  requirements  of  the  board  of  education.  Attend- 
ance officers  and  supervising  attendance  officers  of  every  grade  shall 
be  appointed  from  eligible  lists  prepared  in  the  same  manner  and 
by  the  same  authority  as  are  eligible  lists  for  teachers  and^  subjects 
likewise  to  the  provisions  of  section  eight  hundred  and  seventy-two 
as  to  tenure  of  office;  but  an  eligible  list  for  attendance  officers  in 
existence  when  this  act  takes  effect  shall  be  exhausted  before  nom- 
inations are  made  from  an  eligible  list  subsequently  established. 
Those  persons  who  as  the  result  of  appointment  or  assignment  are 
serving  in  any  of  the  positions  hereinbefore  described  when  this 
act  goes  into  effect  shall  hold  their  respective  positions  during  good 
behavior  and  efficient  and  competent  service  and  shall  not  be  remov- 
able except  for  cause  after  a  hearing  by  a  majority  vote  of  the 
board  of  education.  The  director  of  said  bureau  shall  have  power 
to  commit  and  parole  truant  and  delinquent  children  in  the  manner 
provided  by  section  six  hundred  and  thirty-five  of  the  Education 
Law  but  this  authority  may  be  delegated  in  his  absence  or  disability 
as  the  board  of  education  shall  provide.  The  superintendent  of 
schools  shall  have  general  supervision  of  the  bureau  of  compulsory 


1  So  in  original. 


258  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

education,  school  census  and  child  welfare.      [Added  by  L.  1920, 
ch.  612,  in  effect  May  10,  1920.] 

§  872  Appointment  of  district  or  other  superintendents, 
teachers  and  other  employees;  their  salaries,  et  cetera.  1  Dis- 
trict superintendents,  directors,  supervisors,  principals,  teachers  and 
all  other  members  of  the  teaching  and  supervising  staff,  except  asso- 
ciate superintendents  and  examiners,  authorized  by  section  868  of 
this  article,  shall  be  appointed  by  the  board  of  education,  upon  the 
recommendation  of  the  superintendent  of  schools,  but  in  a  city  hav- 
ing a  board  of  superintendents  on  the  recommendation  of  such 
board,  for  a  probationary  period  of  not  less  than  one  year  and  not 
to  exceed  three  years;  such  period  to  be  fixed  by  the  board  of 
education  in  its  discretion.  The  service  of  a  person  appointed  to 
any  of  such  positions  may  be  discontinued  at  any  time  during  such 
probationary  period,  on  the  recommendation  of  the  superintendent 
of  schools,  and  in  a  city  having  a  board  of  superintendents  on  the 
recommendation  of  such  board,  by  a  majority  vote  of  the  board  of 
education. 

2  Associate  superintendents,  examiners  and  all  other  employees 
authorized  by  section  868  of  this  article,  except  as  otherwise  pro- 
vided in  subdivision  1  of  this  section,  shall  be  appointed  by  the 
board  of  education. 

3  At  the  expiration  of  the  probationary  term  of  a  person 
appointed  for  such  term,  the  superintendent  of  schools,  and,  in 
a  city  having  a  board  of  superintendents,  such  board  shall  make 
a  written  report  to  the  board  of  education  recommending  for  per- 
manent appointment  those  persons  who  have  been  found  competent, 
efficient  and  satisfactory.  Such  persons  and  all  others  employed 
in  the  teaching,  examining  or  supervising  service  of  the  schools 
of  a  city,  who  have  served  the  full  probationary  period,  or  have 
rendered  satisfactorily  an  equivalent  period  of  service  prior  to  the 
time  this  act  goes  into  effect  shall  hold  their  respective  positions 
during  good  behavior  and  efficient  and  competent  service,  and  shall 
not  be  removable  except  for  cause  after  a  hearing  by  the  affirmative 
vote  of  a  majority  of  the  board.  In  a  city  in  which  teachers  have 
not  permanent  tenure  under  the  laws  in  force  prior  to  the  time 
this  act  goes  into  effect,  such  teachers  shall  be  entitled  to  receive 
permanent  appointments  after  serving  the  probationary  period  fixed 
by  the  board  of  education  as  herein  provided. 

4  No  principal,  supervisor,  director,  or  teacher  shall  be  appointed 
to  the  teaching  force  of  a  city  who  does  not  possess  qualifications 
required  under  this  chapter  and  under  the   regulations   prescribed 


EDUCATION    LAW  259 

by  the  Commissioner  of  Education  for  the  persons  employed  in 
such  positions  in  the  schools  of  the  cities  of  the  State,  but  a  board 
of  education  may  prescribe  additional  or  higher  qualifications  for 
the  persons  employed  in  any  of  such  positions. 

5  In  a  city  having  a  population  of  four  hundred  thousand  or 
more,  recommendations  for  appointment  to  the  teaching  and  super- 
vising service,  except  for  the  position  of  superintendent  of  schools, 
associate  superintendent  or  district  superintendent,  or  director  of  a 
special  branch,  principal  of  or  teacher  in  a  training  school,  or  prin- 
cipal of  a  high  school,  shall  be  from  the  first  three  persons  on 
appropriate  eligible  lists  prepared  by  the  board  of  examiners. 
Eligible  lists  in  force  at  the  time  this  act  takes  effect  and  the  relative 
standing  of  persons  whose  names  are  on  said  lists  shall  not  be 
affected  by  the  passage  of  this  act.  The  board  of  education,  on 
the  recommendation  of  the  superintendent  of  schools,  and  in  a  city 
having  a  board  of  superintendents  on  the  recommendation  of  such 
board,  shall  designate,  subject  to  the  other  provisions  of  this  chapter, 
the  kind  and  grades  of  licenses  which  shall  be  required  for  service 
as  principal,  branch  principal,  director,  supervisor  or  teacher  of  a 
special  branch,  head  of  department,  assistant  or  any  other  position 
of  the  teaching  staff  together  with  the  academic  and  professional 
qualifications  required  for  each  kind  or  grade  of  license.  No  person 
required  to  have  a  license  under  the  provisions  of  this  chapter  in 
order  to  be  employed  in  a  position  who  does  not  have  such  license 
shall  have  any  claim  for  salary. 

6  The  salaries  of  all  members  of  the  supervising  and  teaching 
force  and  of  all  employees  and  for  all  positions  authorized  under 
section  868  of  this  act  shall  continue  to  be  on  the  same  basis  as 
such  salaries  and  positions  are  when  this  article  goes  into  effect, 
and  such  salaries  shall  continue  to  be  regulated  and  increased  in 
the  same  manner,  by  the  same  provisions  of  law  and  under  the 
same  conditions  as  such  salaries  are  regulated  and  increased  under 
the  laws  governing  such  salaries  at  the  time  this  article  goes  into 
effect.  Rules  and  regulations  shall  be  adopted  governing  excusing 
of  absences  and  for  the  granting  of  leaves  of  absence  either  with  or 
without  pay.     [Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 

§  872-a  Retirement  of  employees  of  board  of  education.  The 
board  of  education  in  a  city  having  a  population  of  one  hundred 
thousand  or  more  shall  have  power  to  establish  a  retirement  system 
for  all  civil  employees  permanently  employed  by  said  board  other 
than  superintendents  and  teachers  who  may  now  be  retired  under 
the  provisions  of  other  retirement  laws.     The  board  of   education 


260  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

of  such  city  shall  adopt  appropriate  rules  and  regulations  for  the 
government,  management  and  control  of  the  retirement  of  said 
employees.  Before  they  become  effective  such  rules  and  regulations 
must  be  approved  by  the  board  of  estimate  and  apportionment  in  a 
city  having  such  body,  and  in  a  city  not  having  such  body  by  the 
common  council  or  such  other  officers  or  bodies  as  have  the  manage- 
ment and  control  of  financial  affairs  similar  to  that  exercised  by 
such  board  of  estimate  and  apportionment.  The  board  of  estimate 
and  apportionment  in  a  city  having  such  body,  and  in  other  cities 
the  officers  or  bodies  performing  the  functions  similar  to  those  of 
a  board  of  estimate  and  apportionment,  shall  appropriate  annually 
the  sum  necessary  to  pay  the  expenses  of  the  administration  of 
this  act  and  to  also  pay  such  pensions  to  the  employees  herein 
described  as  they  shall  be  entitled  to  receive  annually  under  the 
rules  and  regulations  prescribed  by  the  board  of  education  and 
approved  by  the  said  board  of  estimate  and  apportionment  or  other 
authorities.  The  rules  and  regulations  prescribed  by  the  board  of 
education  and  approved  by  the  board  of  estimate  and  apportion- 
ment or  other  authorities  named  herein  shall  provide  for  the  annual 
payment  of  a  pension  which  shall  be  a  per  centum  of  the  average 
annual  personal  compensation  of  an  employee  for  the  five  years  of 
service  immediately  preceding  his  retirement. 

Provided  however  that  in  a  city  having  a  population  of  one  million 
or  over  and  having  a  teachers'  retirement  board  the  rules  and  regu- 
lations ■  to  be  established  pursuant  to  this  act  shall  be  adopted  as 
follows : 

Within  thirty  days  after  the  passage  of  this  act  the  board  of 
education  of  said  city  shall  adopt  and  submit  such  rules  and  regu- 
lations to  said  teachers'  retirement  board  for  approval.  Said 
teachers'  retirement  board  shall  within  thirty  days  after  the  sub- 
mission to  it  of  such  rules  and  regulations  transmit  to  said  board 
of  education  a  statement  in  writing  setting  forth  which  of  such 
rules  and  regulations  it  approves  and  which  of  such  rules  and  regu- 
lations it  disapproves  if  any  and  the  reasons  for  such  disapproval. 
If  said  teachers'  retirement  board  shall  approve  of  all  of  such  rules 
and  regulations  then  such  rules  and  regulations  shall  immediately 
become  effective  and  in  full  force  and  operation. 

If  said  teachers'  retirement  board  shall  disapprove  of  all  or  any 
of  such  rules  and  regulations  and  if  said  board  of  education  and 
said  teachers'  retirement  board  within  thirty  days  thereafter  shall 
fail  to  agree  upon  rules  and  regulations  in  place  of  the  rules  and 
regulations  so  disapproved,  then  the  rules  and  regulations  shall  be 


EDUCATION    LAW  261 

submitted  by  said  board  of  education  within  ten  days  after  the 
lapse  of  said  thirty  days  to  the  Commissioner  of  Education  of  the 
State  of  New  York  who  shall  have  full  power  to  approve,  alter  or 
modify  the  rules  and  regulations  disapproved  by  said  teachers' 
retirement  board,  and  the  action  of  the  Commissioner  of  Education 
shall  be  final,  and  thereupon  the  rules  and  regulations  approved 
by  said  teachers'  retirement  board  and  the  rules  and  regulations  as 
i  approved,  altered  or  modified  by  the  Commissioner  of  Education 
shall  immediately  become  effective  and  in  full  force  and  operation. 

Should  said  teachers'  retirement  board  fail  either  to  approve  or 
to  disapprove  all  or  any  of  such  rules  and  regulations  submitted  to 
it  as  herein  provided,  then  such  rules  and  regulations  not  approved 
or  not  disapproved  shall  at  the  expiration  of  the  thirty  days  immedi- 
ately following  their  submission  to  said  teachers'  retirement  board 
be  deemed  to  have  been  approved  by  said  teachers'  retirement  board 
and  such  rules  and  regulations  shall  immediately  become  effective 
and  in  full  force  and  operation.  Changes,  alterations,  amendments 
or  modifications  in  the  rules  and  regulations  shall  be  adopted  in  the 
same  manner  as  is  provided  herein  for  the  adoption  of  the  original 
rules  and  regulations. 

The  board  of  estimate  and  apportionment  in  a  city  having  such 
body,  and  in  other  cities  the  officers  or  bodies  performing  functions 
similar  to  those  of  the  board  of  estimate  and  apportionment,  are 
hereby  authorized  and  required  to  direct  the  issue  of  special  revenue 
bonds  for  the  purpose  of  providing  such  funds  as  may  be  necessary 
for  the  year  nineteen  hundred  and  twenty-one  to  pay  the  expenses 
of  the  administration  of  the  retirement  system  authorized  by  this 
act  and  to  make  effective  the  rules  and  regulations  adopted  as  afore- 
said, notwithstanding  any  provisions  to  the  contrary  contained  in 
the  charter  of  such  city  or  in  any  act  relating  to  such  city  or  in  any 
general,  special,  or  local  act;  and  thereafter  the  financial  authorities 
of  said  city  shall  appropriate  annually  the  moneys  that  may  be 
necessary  to  pay  the  expenses  of  the  administration  of  the  retire- 
ment system  and  to  carry  out  and  make  effective  the  rules  and  regu- 
lations relating  to  the  retirement  system  established  by  authority  of 
this  act.  [Added  by  L.  1918,  ch.  496;  amended  by  L.  1920,  ch. 
500;  and  L.  1921,  ch.  713,  in  effect  May  13,  1921.] 

§  873  Local  school  board  districts.  1  The  local  school  board 
districts  in  a  city  having  a  population  of  one  million  or  more  are 
hereby  continued  as  they  exist  at  the  time  this  article  goes  into 
effect  subject,  however,  to  the  provisions  contained  herein.  The 
board  of  education  of  such  city  may  modify  the  boundaries  of  such 


262  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

districts,  consolidate  two  or  more  of   such  districts,  and  establish 
new  districts.    • 

2  There  shall  be  in  each  of  such  districts  a  local  school  board 
of  five  members  appointed  by  the  president  of  the  borough  in  which 
such  district  is  located.  The  board  of  education  shall  designate  as 
a  member  of  a  local  school  board  one  member  of  the  board  of 
education  and  the  city  superintendent  of  schools  shall  assign  one 
district  superintendent  to  advise  with  such  board. 

3  The  members  of  such  local  school  boards  in  office  prior  to  the 
time  this  article  goes  into  effect  shall  serve  for  the  term  for  which 
they  were  appointed.  The  full  term  of  office  of  a  member  of  such 
board  shall  be  five  years.  A  vacancy  on  such  board  shall  be  filled 
by  the  borough  president  for  the  unexpired  term. 

4  Subject  to  the  provisions  of  this  chapter  a  local  school  board 
shall  within  its  district  have  the  power  and  it  shall  be  its  duty  to 
visit  the  schools  at  least  once  every  quarter;  to  make  recommenda- 
tions to  the  board  of  education  with  respect  to  matters  affecting 
the  interests  of  the  schools;  subject  to  the  by-laws  of  the  board  of 
education,  to  transfer  teachers  from  school  to  school,  to  excuse 
absences  of  teachers,  to  hear  charges  against  principals  or  teachers 
and  make  recommendations  thereon  to  the  board  of  education,  and 
to  perform  such  other  duties  as  may  be  required  under  said  by-laws ; 
to  provide  by-laws  regulating  the  exercise  of  the  powers  and  duties 
vested  in  it,  provided  such  by-laws  are  not  in  conflict  with  the 
by-laws  of  the  board  of  education;  to  elect  a  secretary  and  deter- 
mine his  duties.  The  secretary  is  hereby  authorized  to  administer 
oaths  and  take  affidavits  in  all  matters  pertaining  to  the  schools  in 
his  district,  in  which  a  local  school  board  has  power  to  act,  and  for 
that  purpose  shall  possess  all  the  powers  of  a  commissioner  of  deeds, 
but  shall  not  be  entitled  to  any  fees  or  emoluments  thereof.  The 
board  of  education  shall  provide  for  the  expenses  of  a  local  school 
board  and  for  its  places  of  meeting.  [Added  by  L.  1917 ,  ch.  786, 
in  effect  June  8,  1917.] 

§  874  Bonds  of  employees.  The  board  of  estimate  and  appor- 
tionment of  a  city  or  in  a  city  having  no  board  of  estimate  and 
apportionment  the  body  or  officer  performing  the  duties  performed 
by  a  board  of  estimate  and  apportionment  which  may  now  legally 
require  bonds  of  such  employees  may  continue  to  require  bonds  of 
such  employees  in  such  amount  as  such  board  of  estimate  and 
apportionment  or  other  body  or  officer  shall  determine.  In  all  other 
cities  bonds  may  be  required  of   such  employees  by  the  board  of 


EDUCATION    LAW  263 

education.     The  premiums  on  such  bonds  shall  be  paid  by  the  city. 
[Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 

§  875  Buildings,  sites  et  cetera.  1  A  board  of  education  is 
authorized  and  it  shall  have  power  to  purchase,  repair,  remodel, 
improve  or  enlarge  school  buildings  or  other  buildings  or  sites,  and 
to  construct  new  buildings,  subject  to  such  limitations  and  restric- 
tions and  exceptions  as  are  herein  provided. 

2  Whenever  in  the  judgment  of  a  board  of  education  it  is  neces- 
sary to  select  a  new  site,  or  to  enlarge  a  present  site,  or  to  designate 
a  playground  or  recreation  center,  or  to  acquire  title  to  or  lease 
real  property  for  other  education  purposes  authorized  by  this  chap- 
ter, such  board  may  take  options  on  property  desirable  for  such 
purposes  but  before  taking  title  thereto  shall  pass  a  resolution 
stating  the  necessity  therefor,  describing  by  metes  and  bounds  the 
grounds  or  territory  desired  for  each  of  these  purposes,  and  esti- 
mating the  amount  of  funds  necessary  therefor.  An  item  for  such 
amount  if  funds  are  not  available  for  the  purchase  or  lease  of  such 
property  may  be  included  in  the  next  annual  budget  if  not  included 
in  a  special  budget  as  herein  provided. 

3  Whenever  in  the  judgment  of  a  board  of  education  the  needs 
of  the  city  require  a  new  building  for  school  purposes  or  for  recre- 
ation or  other  educational  purposes  authorized  by  this  chapter,  oi' 
when  in  its  judgment  a  building  should  be  remodeled  or  enlarged, 
such  board  shall  pass  a  resolution  specifying  in  detail  the  necessity 
therefor  and  estimating  the  amount  of  funds  necessary  for  such 
purpose.  An  item  for  such  amount  if  funds  are  not  available  for 
the  construction  of  such  building  may  be  included  in  the  next  annual 
budget  if  not  included  in  a  special  budget  as  herein  provided. 

4  No  site  shall  be  designated  except  upon  a  majority  vote  of  a 
board  of  education  and  no  building  shall  be  constructed,  remodeled 
or  enlarged  until  the  plans  and  specifications  therefor  are  approved 
by  the  board  of  education. 

5  After  a  site  has  been  selected  and  plans  and  specifications  for 
a  building  thereon  have  been  approved  as  provided  herein,  a  board 
of  education  in  a  city  having  a  population  of  more  than  four  hun- 
dred thousand  but  less  than  one  million  may,  in  its  discretion,  by 
regulation  deliver  such  plans  and  specifications  to  the  council  which 
may  thereupon,  in  its  discretion,  award  a  contract  for  the  erection 
of  such  building  in  the  same  manner  and  in  accordance  with  the 
provisions  of  law  regulating  the  awarding  of  contracts  for  the  con- 
struction of  municipal  buildings  of  such  city. 


264  THE    UNIVERSITY   OF    THE   STATE    OF    NEW    YORK 


6  In  a  city  of  the  second  class  in  which  the  common  council,  the 
board  of  estimate  and  apportionment  and  the  board  of  contract 
and  supply  and  the  commissioner  of  public  works  or  other  city 
officials,  or  any  one  or  more  thereof,  has  the  authority  under  the 
law  in  force  prior  to  the  time  this  act  takes  effect  to  erect,  remodel, 
improve,  or  enlarge  school  buildings  or  to  purchase  supplies  or  real 
property  for  any  school  purpose,  such  officers,  board  or  boards 
shall  continue  to  possess  such  powers  and  duties  and  to  perform 
such  functions. 

7  When  the  real  property  of  a  city  under  the  control  and  man- 
agement of  the  boai*d  of  education  is  no  longer  needed  for  educa- 
tional purposes  in  the  city,  such  board  shall  notify  the  common 
council  of  such  fact  and  in  a  city  having  no  common  council,  the 
council  or  the  commissioners  of  the  sinking  fund,  and  such  common 
council  or  such  council  or  such  commissioners  of  the  sinking  fund, 
as  the  case  may  be,  may  then  sell  or  dispose  of  such  property  in 
the  manner  in  which  other  real  property  owned  by  the  city  may  be 
sold  or  disposed  of  and  the  proceeds  thereof  shall  be  credited  to  the 
fund§  under  the  control  and  administration  of  the  board  of  educa- 
tion in  such  city,  except  that  in  cities  where  the  proceeds  of  such 
sales  are  required  by  statute,  in  effect  prior  to  the  time  this  article 
goes  into  effect,  to  be  paid  to  the  credit  of  the  sinking  fund  estab- 
lished and  maintained  therein,  the  proceeds  of  such  sales  shall  con- 
tinue to  be  paid  to  the  credit  of  the  sinking  fund  of  such  city  or 
cities  as  required  by  statute,  and  except  that  in  a  city  having  a 
council  or  a  board  of  estimate  and  apportionment,  such  council  or 
board  may,  by  resolution,  authorize  the  use  of  the  proceeds  of  such 
sale  for  other  municipal  purposes. 

8  No  contract  for  the  purchase  of  supplies,  furniture,  equipment, 
or  for  the  construction  or  the  alteration  or  remodeling  of  any 
building  shall  be  entered  into  by  a  board  of  education  involving  an 
expenditure  or  liability  of  more  than  one  thousand  dollars  unless 
said  board  shall  have  duly  advertised  for  estimates  for  the  same 
and  the  contract  in  each  case  shall  be  awarded  to  the  lowest  respon- 
sible bidder  furnishing  the  security  as  required  by  such  board. 
[Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 

§  876  Purchase  and  sale  of  real  property.  The  board  of 
education  may  purchase  real  property  for  any  of  the  purposes 
authorized  by  law  and  shall  take  title  thereof  in  the  name  of  the 
city,  or  when  the  boundaries  of  a  city  and  a  city  school  district  are 
not  coterminus,  in  the  name  of  the  city  school  district,  and  when 
the  owner  of  such  property  refuses  to  sell  the  same  or  such  board 


EDUCATION    LAW  265 

is  unable  to  agree  with  the  owner  of  such  property  on  the  purchase 
price  thereof,  it  shall  have  the  power  and  authority  to  institute  such 
proceedings  and  take  any  action  necessary  to  acquire  title  to  such 
property  under  and  pursuant  to  the  provisions  of  the  condemnation 
law,  city  charter,  or  of  any  special  statute  authorizing  proceedings 
to  acquire  title  by  right  to  eminent  domain,  except  that  in  a  city  in 
which  the  common  council,  board  of  contract  and  supply  or  other 
city  officers  or  body  are  authorized  and  empowered  by  law  to 
acquire  title  to  real  property  for  school  purposes  under  the  laws 
in  force  at  the  time  this  act  goes  into  effect,  said  council,  board, 
officers  or  body  shall  continue  to  possess  such  powers  and  shall 
exercise  the  same,  including  the  power  to  condemn  real  property 
for  said  purposes,  under  the  provisions  of  law  relating  thereto  not- 
withstanding any  of  the  provisions  contained  in  this  act.  [Amended 
by  L.  1918,  ch.  252,  in  effect  April  17,  1918.] 

§  877  Annual  estimate.  1  The  board  of  education  in  each 
city  having  a  population  of  less  than  one  million  shall  prepare  annu- 
ally an  itemized  estimate  for  the  current  or  ensuing  fiscal  year  of 
such  sum  of  money  as  it  may  deem  necessary  for  the  purposes 
stated  in  this  section,  after  crediting  thereto  the  amount  anticipated 
in  the  next  apportionment  of  school  funds  from  the  State  and  the 
estimated  amount  to  be  received  from  all  other  sources.  Such 
itemized  estimate  in  such  cities  shall  be  filed  at  such  times  and  in 
such  manner  as  city  departments  or  officers  are  required  to  submit 
estimates  for  such  departments  or  officers.  The  board  of  education 
in  each  other  city  shall  prepare  annually  an  itemized  estimate  for 
the  ensuing  fiscal  year  and  file  the  same  on  or  before  the  first  day 
of  September.     Such  estimate  shall  be  for  the  following  purposes: 

a  The  salary  of  the  superintendent  of  schools,  associate  district 
or  other  superintendents,  examiners,  directors,  supervisors,  prin- 
cipals, teachers,  lecturers,  special  instructors,  auditors,  medical 
inspectors,  nurses,  attendance  officers,  clerks  and  janitors  and  the 
salary,  fees  or  compensation  of  all  other  employees  appointed  or 
employed  by  said  board  of  education. 

b  The  other  necessary  incidental  and  contingent  expenses  includ- 
ing ordinary  repairs  to  buildings  and  the  purchase  of  fuel  and 
light,  supplies,  textbooks,  school  apparatus,  books,  furniture  and 
fixtures  and  other  articles  and  service  necessary  for  the  proper 
maintenance,  operation  and  support  of  the  schools,  libraries  and 
other  educational,  social  or  recreational  affairs  and  interests  under 
its  management  and  direction.  The  provisions  of  this  section  in 
regard  to  the  purchase  of  light  shall  not  apply  to  a  city  having  a 
population  of  one  million  or  more. 


266  THE    UNIVERSITY   OF   THE   STATE   OF    NEW    YORK 

c  The  remodeling  or  enlarging  of  buildings  under  its  control  and 
management,  the  construction  of  new  buildmgs  for  uses  authorized 
by  this  chapter  and  the  furnishing  and  equipment  thereof,  the 
purchase  of  real  property  for  new  sites,  additions  to  present  sites, 
playgrounds  or  recreation  centers  and  other  educational  or  social 
purposes,  and  to  meet  any  other  indebtedness  or  liability  incurred 
under  the  provisions  of  this  chapter  or  other  statutes,  or  any  other 
expenses  which  the  board  of  education  is  authorized  to  incur. 

2  In  a  city  which  had,  according  to  the  state  census  of  nineteen 
hundred  and  fifteen,  a  population  of  less  than  fifty  thousand  such 
estimate  shall  be  filed  with  the  clerk  of  the  common  council  and 
the  common  council  shall  include,  except  as  otherwise  provided 
herein,  in  the  next  annual  tax  and  assessment  roll  of  the  city  the 
amount  specified  in  such  estimate  and  the  same  shall  be  collected 
in  the  same  manner  as  other  city  taxes  are  collected  and  shall  be 
placed  to  the  credit  of  the  board  of  education  as  herein  provided. 
In  each  city  in  which  the  law  provides,  prior  to  the  time  this  article 
goes  into  effect,  that  such  assessment  shall  be  included  in  a  school 
tax  and  assessment  roll,  separate  and  distinct  from  the  annual  tax 
and  assessment  roll,  and  at  a  different  time,  such  assessment  shall 
continue  to  be  included  in  a  school  tax  and  assessment  roll,  to  be 
prepared  and  levied  at  the  same  time  each  year  as  the  law  provides 
in  respect  to  said  cities  prior  to  the  time  this  article  goes  into  effect. 
In  case  more  than  twenty-five  thousand  dollars  is  required  to  be 
raised  by  tax  for  the  purposes  specified  in  paragraph  c  of  subdivision 
1  of  this  section,  the  common  council,  or  the  board  of  education, 
or  either,  may  provide  for  the  submission  to  the  voters  of  the  city, 
at  a  tax  election,  the  proposition  for  the  expenditure  of  such  sum 
or  may  levy  a  tax  to  be  payable  in  instalments,  for  such  purposes, 
and  may  issue  and  sell  municipal  bonds  as  hereinafter  provided. 
In  case  the  submission  is  made  by  the  board  of  education,  the 
election  shall  be  called  and  held  in  the  manner  provided  by 
section  878.  In  case  the  submission  is  made  by  the  common  council, 
the  provisions  of  'law  regulating  tax  elections  in  such  cities  shall 
apply  to  and  govern  the  method  of  calling  and  holding  such  election. 
In  either  case  the  result  of  the  election  shall  be  ascertained  and 
determined  by  a  majority  of  the  votes  cast  on  the  proposition  sub- 
mitted. Where  the  submission  is  made  by  the  board  of  education, 
city  bonds  may  be  issued  by  such  board,  and  where  the  submission 
is  made  by  the  common  council,  city  bonds  may  be  issued  by  such 
common  council,  in  the  manner  and  to  the  extent  provided  in  sec- 


EDUCATION    LAW  267 

tion  879,  subdivision  1.  [Subdivision  2  amended 'by  L.  1922,  ch. 
346,  in  effect  March  29,  1922. ^ 

2-a  In  the  city  of  Lockport  such  estimate  shall  be  filed  with  the 
clerk  of  the  common  council  and  shall  be  known  as  the  school 
budget,  and  the  common  council  shall  include  the  amount  specified 
in  such  budget  in  a  school  tax  and  assessment-roll,  to  be  entirely 
separate  and  distinct  from  the  annual  tax  and  assessment-roll,  and 
the  amount  provided  therein  shall  be  collected  at  the  same  time  and 
in  the  same  manner  as  other  city  taxes  are  collected,  and  shall  be 
placed  to  the  credit  of  the  board  of  education  as  herein  provided. 
[Added  by  L.  1918,  ch,  484.] 

2-b  In  a  city  of  the  third  class,  created  or  to  be  created  by  the 
consolidation  of  two  cities  situated,  respectively,  in  two  adjoining 
counties,  in  which,  at  the  time  of  the  creation  of  such  consolidated 
city,  a  school  district  shall  be  coterminous  with  the  boundaries  of 
one  such  city,  and  there  shall  be  in  the  other  city  a  school  district 
wholly  within  its  boundaries  but  not  coterminous  therewith,  such 
estimate  shall  be  filed  with  the  clerk  of  the  common  council  in  the 
month  of  January  each  year  and  the  common  council  shall  cause 
the  amount  thereof  to  be  levied  as  a  tax  against  the  property  in 
the  city  school  district  of  such  consolidated  city  and  shall  include 
such  amount  in  the  annual  city  tax  and  assessment  roll  and  the 
same  shall  be  collected  at  the  same  time  and  in  the  same  manner 
as  other  city  taxes  and  the  amount  so  collected  shall  be  placed  to 
the  credit  of  the  board  of  education  as  herein  provided.  [Added  by 
L.  1919,  ch.  299,  in  effect  May  3,  1919.] 

2-c  In  the  city  of  Niagara  Falls  such  estimate  shall  be  filed  with 
the  clerk  of  the  city  council  on  or  before  March  first  and  shall  be 
known  as  the  school  budget,  and  the  city  council  shall  include  the 
amount  specified  in  such  budget  in  a  school  tax  and  assessment 
roll,  to  be  entirely  separate  and  distinct  from  the  annual  tax  and 
assessment  roll,  and  the  amount  provided  therein  shall  be  collected 
as  soon  as  possible  after  May  first.  [Added  by  L.  1922,  ch.  539, 
in  effect  January  1,  1923.] 

3  In  a  city  of  the  third  class  in  which  the  common  council  under 
statutes  in  effect  prior  to  the  time  when  this  act  takes  effect,  has 
the  power  to  determine  the  amount  of  funds  which  shall  be  included 
in  the  estimate  for  the  support  and  maintenance  of  public  schools, 
and  in  any  such  city  in  which  the  mayor  under  such  statutes  has 
the  power  to  consider  and  determine  the  amounts  included  in  such 
estimate  for  the  support  and  maintenance  of  public  schools,  such 
common  council  and  mayor  shall  have  the  same  power  and  shall 


268  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

perform  the  safne  duties  as  are  required  under  the  statutes  in  effect 
prior  to  the  taking  effect  of  this  act,  and  the  provisions  of  such 
statutes  shall  continue  in  full  force  and  effect  notwithstanding  the 
provisions  of  this  act.  Nothing  in  this  act  shall  be  construed  as 
conferring  upon  the  common  council  of  a  city  of  the  third  class  the 
power  to  determine  the  amount  which  shall  be  used  for  school  pur- 
poses, which  was  not  specifically  conferred  upon  the  common  council 
of  such  city  under  the  statutes  in  effect  prior  to  the  taking  effect 
of  this  act.  Where  the  mayor,  under  a  statute  in  effect  prior  to  the 
taking  effect  of  this  act,  reduces  or  eHminates  items  in  the  estimate 
for  the  support  and  maintenance  of  public  schools  in  the  city,  he 
must  return  such  estimate  to  the  board  of  education,  stating  his 
reasons  for  making  such  reductions  or  eliminations,  within  ten  days 
after  the  filing  of  such  estimate,  and  thereupon  the  board  of  educa- 
tion may  take  action  on  such  estimate  and  may  by  a  three-fourths 
vote  of  the  members  of  the  board  restore  the  items  so  reduced  or 
eliminated,  and  the  estimate  shall  thereupon  become  effective  and 
the  amounts  specified  therein  shall  be  levied  and  collected  in  the 
same  manner  as  other  city  taxes  are  collected. 

4  In  a  city  of  the  second  class  in  which  the  board  of  estimate 
and  apportionment  has  authority,  under  the  statutes  in  effect  prior 
to  the  time  this  act  goes  into  effect,  to  determine  the  amount  of 
funds  which  shall  be  included  for  the  support  and  maintenance  of 
public  schools  in  the  estimate  to  be  submitted  to  the  common  coun- 
cil, and  in  a  city  of  the  first  class  having  a  population  of  less  than 
four  hundred  thousand,  according  to  the  federal  census  of  1910, 
such  estimate  shall  be  filed  with  the  mayor.  The  mayor  shall  place 
such  estimate  before  the  board  of  estimate  and  apportionment  at 
the  same  time  and  in  the  same  manner  as  estimates  from  city 
departments  or  officers  are  placed  before  said  board  of  estimate  and 
apportionment,  and  such  estimate  shall  thereafter  be  subject  to  the 
same  consideration,  action  and  procedure  as  all  other  estimates  from 
city  departments  or  officers.  The  said  board  of  estimate  and  appor-i 
tionment  may  increase,  diminish  or  reject  any  item  contained  in 
said  estimate,  except  for  fixed  charges  for  which  the  city  is  liable. 
When  such  estimate  is  adopted  the  board  of  estimate  and  appor- 
tionment shall  file  it  with  the  common  council. 

5  The  board  of  education  in  each  other  city  of  the  second  class 
shall  file  such  estimate  with  the  mayor.  The  common  council  of 
each  city  included  within  the  provisions  of  this  subdivision  shall 
include  the  amount  of  such  estimate  in  the  tax  and  assessment  roll 
of  the  city  and  the  same  shall  be  collected  and  placed  to  the  credit 


EDUCATION    LAW  269 

of  the  board  of  education  as  herein  provided,  except  that  a  tax  for 
the  purposes  specified  in  paragraph  c  of  subdivision  1  of  this  section 
shall  be  levied  payable  in  instalments  and  bonds  therefor  shall  be 
issued  and  sold  as  hereinafter  provided. 

6  In  a  city  which  had,  according  to  the  federal  census  of  1910, 
a  population  of  four  hundred  thousand  or  more  but  less  than  one 
million  such  estimate  shall  be  filed  with  the  officer  authorized  to 
receive  other  department  estimates  and  the  same  acted  on  by  such 
officer  and  by  the  council  of  such  city  in  the  same  manner  and  with 
the  same  effect  as  other  department  estimates.  The  council  is  also 
authorized,  in  its  discretion,  to  include  in  such  budget  a  sum  for 
any  of  the  purposes  enumerated  in  paragraph  c  of  subdivision  1 
of  this  section,  and  any  further  amount  for  such  purposes  as  may 
be  authorized  by  a  tax  election  held  in  such  city  pursuant  to  the 
provisions  of  this  chapter.  After  the  adoption  of  such  budget  the 
council  shall  cause  the  amount  thereof  to  be  included  in  the  tax 
and  assessment  roll  of  the  city  and  the  same  shall  be  collected  in 
the  same  manner  and  at  the  same  time  as  other  taxes  of  the  city 
are  collected,  and  placed  to  the  credit  of  the  board  of  education. 

7  In  a  city  which  had,  according  to  the  federal  census  of  1910, 
a  population  of  one  million  or  more  such  estimate  shall  be  filed 
with  the  board  of  estimate  and  apportionment.  If  the  total  amount 
requested  in  such  estimate  shall  be  equivalent  to  or  less  than  four 
and  nine-tenths  mills  on  every  dollar  of  assessed  valuation  of  the 
real  and  personal  property  in  such  city  liable  to  taxation,  the  board 
of  estimate  and  apportionment  shall  appropriate  such  amount.  If 
the  total  amount  contained  in  such  estimate  shall  exceed  the  said 
sum  of  four  and  nine-tenths  mills  on  every  dollar  of  assessed  valu- 
ation of  the  real  and  personal  property  in  such  city  liable  to  taxation, 
such  estimate  shall,  as  to  such  excess,  be  subject  to  such  consid- 
eration and  such  action  by  the  board  of  estimate  and  apportionment, 
the  board  of  aldermen,  and  the  mayor  as  that  taken  upon  depart- 
mental estimates  submitted  to  the  board  of  estimate  and  apportion- 
ment. The  board  of  estimate  and  apportionment  is  authorized  to 
make  additional  appropriations  for  educational  purposes  authorized 
by  this  chapter.  The  general  school  fund  shall  consist  of  all  moneys 
raised  for  the  payment  of  the  salaries  of  all  persons  employed  in 
the  supervising  and  teaching  staff,  including  the  superintendent  of 
schools  and  all  associate,  district  and  other  superintendents,  members 
of  the  board  of  examiners,  attendance  officers,  supervisor  of  lec- 
tures, lecturers  and  director  and  assistant  director  of  the  division 
of  reference  and  research.     The  special  school  fund  shall  contain 


270  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  embrace  all  moneys  raised  for  educational  purposes  not  com- 
prised in  the  general  school  fund.  The  general  school  fund  shall 
be  raised  in  bulk  and  for  the  city  at  large.  The  board  of  education 
shall  administer  all  moneys  appropriated  or  available  for  educational* 
purposes  in  the  city,  subject  to  the  provisions  of  law  relating  to 
the  audit  and  payment  of  salaries  and  other  claims  by  the  depart- 
ment of  finance. 

8  A  board  of  education  may,  to  meet  emergencies  which  may 
arise,  submit  a  special  estimate  in  which  items  for  extraordinary 
expenses  may  be  submitted  to  meet  such  emergencies.  Such  esti- 
mate shall  contain  a  complete  statement  of  the  purposes  for  which 
the  items  are  requested  and  the  necessity  therefor.  The  same 
method  of  procedure  shall  be  followed  in  submitting  such  estimate 
and  such  estimate  shall  be  subject  to  the  same  consideration  and 
action  as  is  required  in  the  submission,  consideration  and  action 
upon  the  regular  annual  estimate  submitted  by  a  board  of  educa- 
tion. The  common  council  in  such  a  city  shall  have  power  to  make 
the  appropriations  requested  by  a  board  of  education  in  such  special 
estimate.  The  common  council  of  a  city  of  the  third  class,  the 
common  council,  the  board  of  estimate  and  apportionment  of  a 
city  of  the  second  class  and,  in  a  city  having  a  population  of  four 
hundred  thousand  or  more  and  less  than  one  million,  according  to 
the  federal  census  of  1910,  the  council  may  temporarily  borrow  the 
amount  appropriated  on  city  certificates  of  indebtedness  or  by  the 
issuance  of  revenue  bonds,  or  other  municipal  bonds,  which  certifi- 
cates of  indebtedness  or  bonds  shall  be  payable  at  such  time  and 
in  such  manner  as  shall  be  provided  by  general  laws  or  the  charter 
of  such  city  for  other  certificates  of  indebtedness  or  revenue  bonds. 

9  In  cities  in  which  the  boundaries  of  the  school  district  or  dis- 
tricts are  not  coterminous  with  the  city  boundaries  and  in  which 
the  board  of  education,  under  the  provisions  of  law  existing  at  the 
time  of  the  passage  of  this  act,  is  authorized  to  levy  taxes  for  school 
purposes,  the  board  of  education  is  hereby  authorized  and  empow- 
ered to  prepare,  fix  and  determine  the  education  budget  for  all  the 
purposes  set  forth  in  this  section,  and  said  board  of  education  shall 
levy  and  collect  the  necessary  tax  or  taxes  for  all  the  purposes 
specified  in  said  budget  in  accordance  with  the  provisions  of  the 
Education  Law.  In  the  event  the  boundaries  of  said  city  or  cities 
are  hereafter  made  coterminous  with  the  school  district  boundaries 
this  provision  shall  no  longer  apply. 

10  A  board  of  education  shall  not  incur  a  liability  or  an  expense 
chargeable  against  the  funds  under  its  control  or  the  city  for  any 


EDUCATION    LAW  .    271 

purpose  in  excess  of  the  amount  appropriated  or  available  therefor 
or  otherwise  authorized  by  law. 

11  In  a  city  in  which,  under  the  statutes  in  effect  prior  to  the 
time  of  the  taking  effect  of  this  act,  it  is  provided  that  the  estimate 
of  expenditures  for  the  support  and  maintenance  of  the  pubhc 
schools  of  the  city  shall  not  be  less  than  a  specified  per  capita  sum, 
based  on  the  number  of  pupils  enrolled  in  the  public  schools  of  the 
city,  the  amount  authorized  or  required  to  be  included  in  the  esti- 
mate of  school  expenditures  as  provided  in  this  act  shall  not  be  less 
than  the  per  capita  sum  specified  in  such  statute.  [Added  by  L. 
1917,  ch.  786,  in  effect  June  8,  1917.] 

§  878  Tax  election.  1  In  a  city  having  a  population  of  less 
than  seventy-five  thousand,  according  to  the  federal  census  of  nine- 
teen hundred  and  ten,  the  board  of  education  may  call  a  tax  election, 
by  giving  notice  thereof  as  notice  is  required  under  the  Education 
Law  of  an  annual  school  election  and  submit  to  those  qualified 
to  vote  at  such  election  a  proposition  to  expend  a  sum  of  money 
in  excess  of  twenty-five  thousand  dollars  for  any  of  the  purposes 
enumerated  in  paragraph  c  of  subdivision  1  of  section  877  of  this 
chapter.  The  provisions  of  law  relating  to  and  governing  annual 
school  elections,  including  inspectors,  notices,  qualifications  of 
voters,  challenges,  hours  for  keeping  polls  open,  penalties,  canvass 
of  votes,  filing  returns,  supplying  ballots,  and  all  other  matters 
relating  to  an  annual  election  shall  apply  to  and  govern,  so  far  as 
may  be  practicable,  a  tax  election  except  in  a  city  in  which  the 
election  of  members  of  the  board  of  education  is  held  at  the  general 
or  municipal  election.  In  such  city  the  law  applying  to  and  gov- 
erning such  general  or  municipal  elections  shall  apply  to  and  govern 
such  tax  election.  In  such  a  city,  where  the  members  of  the  board 
of  education  are  appointed,  the  provisions  of  article  7-a,  so  far  as 
may  be,  shall  apply  to  the  calling  and  holding  of  such  election; 
except  that  the  board  of  education  may  adopt  the  division  of  the 
city  into  election  districts  theretofore  made  by  the  common  council, 
in  which  case  the  notice  of  election  need  not  describe  the  boundaries 
of  each  election  district,  but  it  shall  be  sufficient  if  such  notice 
specify  the  schoolhouse  or  other  places  wherein  such  election  shall 
be  held ;  nor  shall  it  be  necessary  to  state  in  such  notice  of  election 
that  the  poll  lists  have  been  filed,  as  provided  in  section  212; 
provided,  however,  that  in  cities  having  a  population  of  more  than 
fifty  thousand  by  the  last  preceding  census  the  secretary  or  clerk 
of  the  board  of  education  shall,  prior  to  such  election,  prepare  a 
poll  list  for  each  election  district  and  file  the  same  for  public  inspec- 


272  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

tion  in  his  office  not  less  than  ten  days  prior  to  the  election.     [Sub- 
division 1  amended  by  L.  1922,  ch.  346,  in  effect  March  29,  1922.] 

2  In  such  a  city  in  which  the  members  of  the  board  of  education 
are  elected  at  the  general  or  municipal  election,  a  tax  election  for 
like  purposes  may  be  held  by  direction  of  the  board  of  education. 
The  provisions  of  law  regulating  such  general  or  municipal  elec- 
tions in  such  cities  shall  apply  to  and  govern  the  method  of  calling 
and  holding  tax  elections  in  said  cities.  [Added  by  L.  1917,  ch. 
786,  in  effect  June  8,  1917.] 

3  In  the  city  of  Oswego  the  common  council  shall  continue  to 
have  power,  upon  the  request  of  the  board  of  education,  to  call  and 
hold  taxpayers'  elections  to  vote  upon  the  question  of  issuing  bonds 
of  the  city,  under  sections  46  and  47  of  the  charter  of  such  city, 
for  the  purposes  enumerated  in  paragraph  c  of  subdivision  1  of 
section  ^77  of  this  chapter,  in  the  same  manner,  and  with  the  same 
force  and  effect,  as  prior  to  the  eighth  day  of  June,  1917,  and  to 
issue  such  bonds  for  such  purposes,  or  any  of  them,  pursuant  to 
the  provisions  of  such  charter,  provided  a  majority  of  such  tax- 
payers voting  at  such  election  approve  of  such  issue.  [Subdivision 
added  by  L.  1919,  ch.  176,  in  effect  April  10,  1919.] 

4  In  the  city  of  Poughkeepsie  the  common  council  shall  continue 
to  have  power,  upon  the  request  of  the  board  of  education,  to  call 
and  hold  taxpayers'  elections  to  vote  upon  the  question  of  issuing 
bonds  of  the  city  under  sections  ninety-nine  and  one  hundred  of  the 
charter  of  said  city,  for  the  purposes  enumerated  in  paragraph  c 
of  subdivision  one  of  section  eight  hundred  and  seventy-seven  of 
this  chapter,  in  the  same  manner,  and  with  the  same  force  and 
effect,  as  prior  to  the  eighth  day  of  June,  nineteen  hundred  and 
seventeen,  and  to  issue  such  bonds  for  such  purposes  or  any  of 
them,  pursuant  to  the  provisions  of  such  charter,  provided  a  majority 
of  the  taxpayers  voting  at  such  election  approve  of  such  issue. 
[Subdivision  4  added  by  L.  1920,  ch.  498,  in  effect  May  4,  1920.] 

§  879  Bond  issue.  1  When  the  common  council  or  the  voters 
of  a  city  authorize  an  appropriation  to  be  raised  by  a  tax  in  instal- 
ments for  any  of  the  purposes  enumerated  in  paragraph  c  of  sub- 
division 1  of  section  877  of  this  chapter,  city  bonds  shall  be  issued 
in  the  same  manner  and  under  the  same  provisions  as  other  bonds 
are  or  may  be  issued  by  such  city.  The  principal  and  interest  of 
such  bonds  shall  be  paid  out  of  moneys  raised  by  tax  therefor  in 
the  same  manner  as  other  school  moneys  are  raised,  when  such 
bonds  and  the  interest  thereon  shall  become  due  and  payable.  In  a 
city  having  a  population  of   four  hundred  thousand  or  more  but 


EDUCATION    LAW  273 

less  than  one  million,  according  to  the  federal  census  of  1910,  such 
bonds  shall  be  issued  by  the  council. 

2  In  a  city  of  the  second  class  and  in  a  city  of  the  first  class 
having  a  population  of  less  than  four  hundred  thousand,  according 
to  the  federal  census  of  1910,  the  common  council  and  the  board  of 
estimate  and  apportionment,  or  other  municipal  authorities  who 
were  authorized  and  empowered  under  the  laws  in  force  prior  to 
the  eighth  day  of  June,  1917,  to  determine  upon  the  necessity  of 
issuing  bonds  for  any  of  the  purposes  enumerated  in  paragraph  c 
of  subdivision  1  of  section  S77  of  this  chapter,  shall  continue  to 
possess  such  power  and  may  authorize,  issue  and  sell  bonds  for 
any  of  the  purposes  so  enumerated,  in  the  same  manner  and  with 
the  same  force  and  effect  as  prior  to  the  said  eighth  day  of  June, 
1917.     [Amended  by  L,  1918,  ch.  252,  in  effect  April  17,  1918,] 

3  In  a  city  having  a  population  of  four  hundred  thousand  or 
more  but  less  than  one  million,  the  council  of  such  city  may,  by 
a  vote  of  four-fifths  of  its  members,  authorize  from  time  to  time 
the  issuance  of  bonds  of  said  city  to  defray  the  expense  of  the 
construction,  improvement  and  equipment  of  school  buildings  or  the 
purchase  or  acquisition  of  school  sites,  which  expense  shall  not  have 
been  included  in  the  budget,  in  such  amounts  and  payable  at  such 
times  and  places  and  having  such  rates  of  interest,  not  exceeding 
six  per  centum  per  annum,  as  said  council  may  determine,  interest 
to  be  paid  semiannually,  said  bonds,  however,  to  be  due  in  not  more 
than  fifty  years  from  their  date  and  to  be  sold  for  not  less  than 
their  par  value  and  accrued  interest.  Such  bonds  may  be  made 
payable  in  equal  proportions  during  a  number  of  successive  years 
not  exceeding  a  period  of  fifty  years  from  their  issuance,  as  the 
council  shall  determine.  Such  bonds  shall  be  issued  and  sold  by 
the  authorities  of  the  city  in  the  same  manner  that  bonds  for  other 
municipal  purposes  are  issued  and  sold  and  the  proceeds  of  the 
sale  of  such  bonds  shall  be  paid  into  the  treasury  of  the  city  ana 
placed  to  the  credit  of  the  board  of  education.  As  such  bonds 
become  due  the  municipal  authorities  of  the  city  shall  include  in  the 
tax  levy,  and  assess  upon  the  property  of  the  city,  the  amount 
necessary  to  pay  such  bonds  and  interest  thereon. 

4  In  a  city  having  a  population  of  one  million  or  more,  the  board 
of  estimate  and  apportionment  may  in  its  discretion  annually  cause 
to  be  raised  such  sums  of  money  as  may  be  required  for  the  pur- 
poses enumerated  in  subdivision  c  of  section  877  of  this  act,  in  the 
manner  provided  by  law  for  the  raising  of  money  for  such  purposes. 
[Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 


274  THE   UNIVERSITY   OF    THE    STATE   OF    NEW    YORK 

5  In  a  city  in  which  the  boundaries  of  the  school  district  or  dis- 
tricts are  not  coterminous  with  the  city  boundaries,  and  in  the  city 
school  district  of  the  city  of  Jamestown  taxes  may  be  raised  in 
instalments  and  district  bonds  issued  for  any  of  the  purposes  enum- 
erated in  paragraph  c  of  subdivision  1  of  section  877  of  this  chapter, 
in  the  manner  provided  and  under  the  conditions  prescribed  by  the 
Education  Law  for  the  levy  and  collection  of  taxes  in  instalments 
and  the  issue  and  sale  of  bonds  of  union  free  school  districts. 

All  bonds  of  the  union  free  school  district  of  the  city  of  James- 
town, as  so  designated  by  chapter  279  of  the  laws  of  eighteen  hun- 
dred and  eighty-seven,  issued  by  the  board  of  education  of  such 
district  under  the  provisions  of  such  act  prior  to  June  eight,  nine- 
teen hundred  and  seventeen,  and  now  outstanding,  or  hereafter  to 
be  issued  for  school  purposes,  shall  be  the  bonds  of  the  city  school 
district  of  the  city  of  Jamestown,  and  shall  not  be  reckoned  as  a 
part  of  the  city  debt.  {Subdivision  5  added  by  L.  1918,  ch.  252; 
and  amended  by  L.  1920,  ch.  367 ;  and  L.  1922,  ch.  224,  in  effect 
March  24,  1922.] 

§  880  Funds ;  custody  and  disbursement  of.  1  Public  moneys 
apportioned  to  a  city  by  the  State  and  all  funds  raised  or  collected 
by  the  authorities  of  a  city  for  school  purposes  or  to  be  used  by  the 
board  of  education  for  any  purposes  authorized  in  this  chapter, 
or  any  other  funds  belonging  to  a  city  and  received  from  any  source 
whatsoever  for  similar  purposes,  shall  be  paid  into  the  treasury  of 
such  city  and  shall  be  credited  to  the  board  of  education. 

2  Such  funds  shall  be  disbursed  only  by  authority  of  the  board 
of  education  and  upon  written  orders  drawn  on  the  city  treasurer 
or  other  fiscal  officer  of  the  city.  Such  orders  shall  be  signed  by 
the  superintendent  of  schools  and  the  secretary  of  the  board  of 
education  or  such  other  officers  as  the  board  may  authorize.  Such 
orders  shall  be  numbered  consecutively  and  shall  specify  the  purpose 
for  which  they  are  drawn  and  the  person  or  corporation  to  whom 
they  are  payable. 

3  It  shall  be  unlawful  for  a  city  treasurer  or  other  officer  having 
the  custody  of  city  funds  to  permit  the  use  of  such  funds  for  any 
purpose  other  than  that  for  which  they  are  lawfully  authorized 
and  such  funds  shall  not  be  paid  out  except  on  audit  of  the  board 
of  education  and  the  countersignature  of  the  comptroller,  and  in  a 
city  having  no  comptroller  by  an  officer  designated  by  the  officer 
or  body  having  the  general  control  of  the  financial  affairs  of  such 
city.  The  board  of  education  of  such  city  shall  make,  in  addition 
to  such  classification  of  its  funds  and  accounts  as  it  desires  for  its 


EDUCATION    LAW  275 

own  use  and  information,  such  further  classification  of  the  funds 
under  its  management  and  control  and  of  the  disbursements  thereof 
as  the  comptroller  of  the  city,  or  the  officer  or  body  having  the 
general  control  of  the  financial  affairs  of  such  city,  shall  require, 
and  such  board  shall  furnish  such  data  in  relation  to  such  funds 
and  their  disbursements  as  the  comptroller  or  such  other  financial 
officer  or  body  of  the  city  shall  require.  [Added  by  L.  1917,  ch. 
786,  in  effect  June  8,  1917.] 

§  881  Continuation  in  office  of  boards,  bureaus,  teachers, 
principals  and  other  employees,  et  cetera.  Except  as  otherwise 
provided  herein  the  boards,  bureaus,  teachers,  principals,  super- 
visors, superintendents,  heads  of  departments,  assistants  to  prin- 
cipals, examiners,  supervisor  of  lectures,  directors  and  all  other 
officers  and  employees  of  the  school  system  or  of  boards  of  educa- 
tion'of  the  several  cities  of  the  State,  lawfully  appointed  or  assigned 
before  this  act  takes  effect,  shall  continue  to  hold  their  respective 
positions  for  the  term  for  which  they  were  appointed  or  until 
removed  as  provided  in  subdivision  3  of  section  872  of  this  article. 

2  If  a  board  of  education  abohshes  an  office  or  position  and 
creates  another  office  or  position  for  the  performance  of  duties 
similar  to  those  performed  in  the  office  or  position  abolished,  the 
person  filling  such  office  or  position  at  the  time  of  its  abolishment 
shall  be  appointed  to  the  office  or  position  thus  created  without 
reduction  in  salary  or  increment,  provided  the  record  of  such  person 
has  been  one  of  faithful,  competent  service  in  the  office  or  position 
he  has  filled. 

3  If  an  office  or  position  is  abolished  or  if  it  is  consolidated  with 
another  position  without  creating  a  new  position,  the  person  filling 
such  position  at  the  time  of  its  abolishment  or  consolidation  shall 
be  placed  upon  a  preferred  eligible  list  of  candidates  for  appoint- 
ment to  a  vacancy  that  may  thereafter  occur  in  an  office  or  position 
similar  to  the  one  which  such  person  filled  without  reduction  in 
salary  or  increment,  provided  the  record  of  such  person  has  been 
one  of  faithful,  competent  service  in  the  office  or  position  he  has 
filled.  The  names  of  such  persons  shall  be  placed  upon  such  pre- 
ferred list  in  the  order  in  which  their  services  have  been  thus  dis- 
continued.    [Added  by  L.  1917,  ch.  786,  in  effect  June  8,  1917.] 

Effect  of  City  School  Law;  Repeal 

L.  1917,  ch.  786,  §  2:  City  school  district.  Each  city  in  which  the  school 
district  boundaries  are  coterminous  with  the  city  boundaries  is  hereby 
declared  to  be  a  city  school  district.     In  a  city  in  which  the  city  boundaries 


276  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

and  the  school  district  boundaries  are  not  coterminous  the  school  district 
boundaries  shall  remain  as  they  existed  prior  to  the  time  this  act  takes  effect 
and  until  such  time  as  such  school  district  boundaries  may  be  changed  as 
provided  by  law.  In  each  city  where  the  school  district  boundaries  are  not 
coterminous  with  the  city  boundaries  the  school  district  which  contains  the 
whole  or  the  greater  portion  of  the  inhabitants  of  the  city  shall  be  the  city 
school  district  of  said  city  and  shall  be  subject  to  the  provisions  of  this  act. 

§  3  Repeal  of  inconsistent  provisions;  effect  of  repeal.  All  acts  or  parts 
of  acts,  general  or  special,  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed.  The  repeal  of  the  acts  specified  in  the  schedule  hereto 
annexed,  or  of  such  inconsistent  acts  or  parts  of  such  acts,  shall  not  affect 
any  right  existing  or  accrued  or  any  liability  incurred  prior  to  the  passage  of 
this  act,  and  all  acts  or  parts  of  acts,  general  or  special,  not  specifically 
repealed  by  this  act  and  not  inconsistent  with  the  provisions  of  this  act  shall 
remain  in  full  force  and  effect. 

§  4  Pending  actions  or  proceedings;  existing  rules.  The  repeal  of  a 
law  or  any  part  of  it  specified  in  the  annexed  schedule  and  any  provision  of 
this  act  shall  not  affect  pending  actions  or  proceedings  brought  by  or  against 
the  board  of  education  of  a  city,  or  by  or  against  a  city,  in  respect  to  the 
public  schools  thereof,  under  or  in  pursuance  of  any  of  the  provisions  of  the 
laws  hereby  repealed,  but  the  same  may  be  prosecuted  or  defended  in  the 
same  manner  and  for  the  same  purpose  by  the  board  of  education  of  the  city 
under  the  provisions  of  this  chapter  as  though  such  laws  had  not  been 
repealed.  The  rules  and  regulations  adopted  by  a  board  of  education  in 
pursuance  of  any  law  hereby  repealed  shall  continue  in  full  force  and  effect 
notwithstanding  such  repeal,  until  the  same  are  modified,  amended  or  repealed 
by  the  board  of  education  as  provided  in  this  chapter.  Nothing  in  this  act 
shall  affect  titles  to  school  property,  but  such  property  may  be  held  either  in 
the  name  of  the  city  school  district  or  of  the  board  of  education,  as  provided 
in  this  act  or  in  any  other  act  relating  to  titles  to  such  property. 

§  5  Time  of  taking  effect.     This  act  shall  take  effect  immediately. 

§   6  Laws  repealed.     Of   the   laws   enumerated   in   the   schedule   hereto 
annexed,  that  portion  specified  in  the  last  column  is  hereby  repealed. 
[Schedule  of  laws  repealed  is  omitted.] 

ARTICLE  33-b 

[Article  added  by  L.  1919,  ch.  645,  in  effect  May  19,  1919;  amended  generally 
by  L.  1920,  ch.  680,  in  effect  May  10,  1920.] 

Salaries  of  the  Members  of  the  Supervising  and  Teaching  Staff 

in  City  Schools 

Section  882     Powers  of  boards  of  education  as  to  salaries 

883  Salaries  in  cities  of  the  first  class  having  a  population  of  one 

million  or   over 
883-a  Special  provisions  as  to  certain  high  schools 

884  Salaries  in  cities  of  the  first  class  having  a  population  of  less 

than  one  million 

885  Salaries    in   cities    of    a   population    of    fifty   thousand   and    less 

than  one  hundred  and  fifty  thousand 


EDUCATION    LAW  277 

Section   886      Salaries  in  cities  of  a  population  of  less  than  fifty  thousand 
886-b  Salaries  in  union  free  school  districts 

887  Boards  to  fix  salaries 

888  Salaries  and  increments 

889  Schedule  to  be  filed 

§  882  Powers  of  board  of  education  as  to  salaries.  The  board 
of  education  of  each  city  of  the  State  shall  adopt  by-laws  fixing  the 
salaries  of  the  superintendent  of  schools,  associate,  district  or  other 
superintendents,  members  of  the  board  of  examiners,  if  any,  direc- 
tors, inspectors,  supervisors,  principals,  teachers,  lecturers,  special 
instructors  and  of  all  other  members  of  the  supervising  and  the 
teaching  staff.  Such  by-laws  shall  establish  uniform  schedules  of 
salaries  for  all  members  of  the  supervising  and  teaching  staff  in 
each  city.  The  salaries  and  salary  increments  so  fixed  for  prin- 
cipals and  teachers  by  the  by-laws  of  the  board  of  education  of 
each  city,  on  and  after  January  1,  1920,  shall  be  not  less  than  those 
prescribed  in  the  following  sections  of  this  article.  [Added  by 
L.  1919,  clu  645.] 

§  883  Salaries  in  cities  of  the  first  class  having  a  population 
of  one  million  or  over.  The  schedules  adopted  by  the  board  of 
education,  in  a  city  of  one  million  inhabitants  or  more,  shall  not 
discriminate  between  the  salaries  and  salary  increments  of  mem- 
bers of  the  teaching  staff  in  such  schools  because  of  the  sex  of  said 
members  notwithstanding  any  provision  of  the  charter  of  such  city 
inconsistent  herewith.  On  and  after  August  first,  nineteen  hundred 
and  twenty,  such  salaries  and  increments  shall  be  not  less  than 
those  prescribed  in  the  following  schedules: 

A.  Elementary  Schools 

Schedule  A-1.  All  teachers  of  kindergarten  to  six-b  classes: 
First  year,  not  less  than  one  thousand  and  five  hundred  dollars; 
annual  increment,  not  less  than  one  hundred  and  twenty-five  dollars ; 
number  of  annual  increments,  not  less  than  eleven. 

Schedule  A-2.  All  teachers  or  seven-a  to  nine-b  classes:  First 
year,  not  less  than  one  thousand  nine  hundred  dollars ;  annual  incre- 
ment, not  less  than  one  hundred  and  fifty  dollars ;  number  of  annual 
increments,  not  less  than  nine. 

Schedule  A-3.  All  teachers  of  special  subjects  in  the  day  ele- 
mentary schools  and  all  teachers  teaching  classes,  in  such  schools, 
for  which  a  special  license  is  required ;  same  as  schedule  a-two. 

Schedule  A-4.  Assistants  to  principal  (heads  of  departments)  : 
First  year,  not  less  than  three  thousand  four  hundred  dollars ;  annual 


27%  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

increment,  not  less  than  one  hundred  dollars;  number  of  annual 
increments,  not  less  than  two. 

Schedule  A-5.  Principals  of  day  elementary  schools,  and  heads 
of  model  schools;  principals  of  schools  for  the  deaf,  for  the  crippled; 
principals  of  continuation,  prevocational,  parental,  or  probationary 
schools;  principals  of  intermediate  (junior  high)  schools:  First 
year,  three  thousand  seven  hundred  and  fifty  dollars;  annual  incre- 
ment, two  hundred  and  fifty  dollars;  number  of  increments,  four. 

Schedule  A-6.  Teacher  clerks :  First  year,  twelve  hundred  dollars ; 
annual  increment,  one  hundred  dollars ;  number  of  increments,  six. 

B.  High  Schools  and  Training  Schools 

Schedule  B-1.  Assistant  teachers,  including  teachers  of  cooking, 
sewing  and  physical  training,  model  teachers  and  critic  teachers: 
First  year,  one  thousand  nine  hundred  dollars;  annual  increment, 
one  hundred  and  fifty  dollars ;  number  of  annual  increments,  twelve. 

Schedule  B-2.  First  assistants:  First  year,  three  thousand  two 
hundred  dollars;  annual  increment,  two  hundred  dollars;  number 
of  annual  increments,  five. 

Schedule  B-3.  Clerical,  laboratory^  library  and  placement  and 
investigation  assistants:  First  year,  one  thousand  four  hundred 
dollars;  annual  increment,  one  hundred  dollars;  number  of  annual 
increments,  ten. 

Schedule  B-4.  Principals  of  training  and  high  schools  having 
twenty-five  or  more  classes:  First  year,  five  thousand  five  hundred 
dollars;  annual  increment,  two  hundred  and  fifty  dollars;  number 
of  annual  increments,  two. 

The  board  of  education  of  such  city  shall  adopt  schedules  and 
schedule  conditions  to  become  effective  on  and  after  the  first  day 
of  August,  nineteen  hundred  and  twenty,  which  schedules  and 
schedule  conditions  shall*  fix  the  compensation  or  salaries  of  the 
members  of  the  teaching  and  supervising  staffs,  as  specified  and 
required  in  the  foregoing  schedules,  and  shall  also  fix  the  compen- 
sation or  salaries  of  all  other  members  of  the  teaching  and  super- 
vising staffs  and  of  other  employees  of  the  board  of  education, 
whether  on  a  per  annum  or  on  a  non-per  annum  basis,  including, 
in  addition  to  those  falling  within  the  foregoing  schedules,  the 
superintendent  of  schools,  all  associate,  district  or  other  superin- 
tendents, members  of  the  board  of  examiners,  assistant  examiners, 
directors,  assistant  directors,  inspectors,  supervisors,  special  instruc- 
tors, special  teachers,  administrative  assistants,  clerical  assistants, 
librarians,  attendance  officers,   secretaries,   auditors,   clerks,  teacher 


EDUCATION    LAW  279 

clerks  and  all  officers  and  employees  of  said  board  of  education, 
notwithstanding  any  provision  to  the  contrary  contained  in  the 
charter  of  such  city  or  in  any  act  relating  to  such  city  or  in  any 
general,  special  or  local  act.  The  schedules  and  schedule  conditions 
so  to  be  adopted,  fixing  the  salaries  of  such  members  of  the  teaching 
and  supervising  staffs  and  other  employees  as  do  not  fall  within 
the  foregoing  schedules,  shall  provide  that  on  and  after  the  first 
day  of  August,  nineteen  hundred  and  twenty,  the  compensation, 
salaries  and  salary  increments  to  be  paid  to  each  of  said  persons 
shall  be  not  less  than  the  compensation  or  salaries  fixed  for  each 
of  said  persons  by  the  schedules  and  schedule  conditions  adopted 
by  said  board  of  education  as  filed  with  the  Commissioner  of  Edu- 
cation prior  to  the  first  day  of  April,  nineteen  hundred  and  twenty, 
plus  the  following  amounts:  not  less  than  thirty  per  centum  of  all 
compensation  or  salary  of  each  of  said  persons,  as  so  fixed  in  such 
schedules  and  schedule  conditions,  if  such  compensation  or  salary 
earnable  during  any  one  year  does  not  exceed  two  thousand  dollars; 
not  less  than  twenty  per  centum  of  the  compensation  or  salary  of 
each  of  said  persons,  as  so  fixed  in  such  schedules  and  schedule 
conditions,  if  such  compensation  or  salary  earnable  during  any  one 
year  exceeds  two  thousand  dollars,  but  does  not  exceed  four  thou- 
sand dollars;  and  not  less  than  ten  per  centum  of  the  compensation 
or  salary  of  each  of  said  persons,  as  so  fixed  in  such  schedules 
and  schedule  conditions,  if  such  compensation  or  salary  earnable 
during  any  one  year  exceeds  four  thousand  dollars.  Any  provision 
in  any  schedule  or  schedule  condition  which  postpones  the  full  opera- 
tion of  said  schedules  beyond  the  first  day  of  August,  nineteen 
hundred  and  twenty,  shall  be  of  no  effect  and  any  provision  of  law 
which  authorizes  such  postponement  beyond  the  first  day  of  August, 
nineteen  hundred  and  twenty,  is  hereby  repealed  and  the  compen- 
sation, salaries  and  salary  increments  in  the  schedules  to  be  adopted 
pursuant  to  the  provisions  of  this  act  shall  become  fully  operative 
and  shall  be  paid  on  and  after  said  first  day  of  August,  nineteen 
hundred  and  twenty,  subject,  however,  to  provisions  of  law  relating 
to  approval  of  service  as  satisfactory.  [Added  by  L.  1919,  ch.  645; 
amended  by  L.  1920,  ch.  680,  in  effect  May  10,  1920.] 

C.  Colleges 

On  and  after  the  first  day  of  June,  nineteen  hundred  and  twenty- 
one,  the  compensation  and  salaries  of  the  officers  of  administration 
and  instruction  and  other  employees  of  any  public  institution  of 
higher  learning,  conferring  degrees  and  subject  to  the  provisions  of 


280  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

this  law  relative  to  colleges,  and  in  which  the  compensation  and 
salaries  of  such  person  are  paid  directly  or  indirectly  out  of  moneys 
appropriated  by  the  board  of  estimate  and  apportionment  or  like 
financial  authority  of  such  city  of  one  million  inhabitants  or  more, 
shall  not  be  less  than  those  prescribed  in  the  following  schedules : 

Schedule  C-1.  Fellows:  minimum  of  five  hundred  dollars  per 
annum  and  maximum  of  one  thousand  dollars  per  annum. 

Schedule  C-2.  Tutors:  minimum  of  one  thousand  dollars  per 
annum  and  maximum  of  two  thousand  dollars  per  annum. 

Schedule  C-3.  Clerical,  library,  laboratory  and  investigation  assist- 
ants: minimum  of  one  thousand  four  hundred  dollars  per  annum 
and  maximum  of  two  thousand  four  hundred  dollars  per  annum. 

Schedule  C-4.  Instructors :  minimum  of  two  thousand  dollars  per 
annum  and  maximum  of  three  thousand  five  hundred  dollars  per 
annum. 

Schedule  C-5.  Assistant  professors  and  the  secretary  to  the  presi- 
dent or  the  secretary  of  the  college:  minimum  of  three  thousand 
dollars  per  annum  and  maximum  of  four  thousand  five  hundred 
dollars  per  annum. 

Schedule  C-6.  Associate  professors :  minimum  of  four  thousand 
five  hundred  dollars  per  annum  and  maximum  of  five  thousand  five 
hundred  dollars  per  annum. 

Schedule  C-7.  Lecturers:  minimum  of  two  thousand  dollars  per 
annum  and  maximum  of  five  thousand  dollars  per  annum. 

Schedule  C-8.  Curator  and  auditor:  minimum  of  four  thousand 
dollars  per  annum  and  maximum  of  six  thousand  dollars  per  annum. 

Schedule  C-9.  Professors :  minimum  of  five  thousand  dollars  per 
annum  and  maximum  of  eight  thousand  dollars  per  annurii. 

Schedule  C-10.  Dean  of  a  faculty,  librarian,  and  secretary  of  a 
faculty :  minimum  of  two  hundred  dollars  per  annum  and  maximum 
of  five  hundred  dollars  per  annum  in  addition  to  the  salaries  of 
their  instructional  ranks. 

Schedule  C-11.  The  president:  minimum  of  ten  thousand  dollars 
per  annum  and  maximum  of  twelve  thousand  five  hundred  dollars 
per  annum. 

Schedule  C-12.  Services  on  an  hourly  basis  of  compensation: 
persons  appointed  by  the  trustees  to  positions  in  the  evening  and 
summer  session  with  compensation  on  an  hourly  basis,  shall  be 
compensated  for  each  hour  of  such  service  at  a  rate  not  less  than 
one  one-thousandth  of  the  annual  salary  for  their  respective  grades 
as  established  in  accordance  with  the  provisions  of  the  other 
schedules  herein. 


EDUCATION    LAW  281 

Schedule  C-13.  Other  positions:  the  compensation,  salaries  and 
salary  increments  of  employees  of  such  institutions  of  higher  learn- 
ing, appointed  by  the  trustees  to  positions  other  than  those  desig- 
nated in  the  foregoing  schedules,  shall  be  not  less  than  those  that 
have  been  or  may  be  fixed  and  adopted  by  the  board  of  education 
of  such  city  pursuant  to  the  provisions  of  chapter  six  hundred  and 
eighty  of  the  laws  of  nineteen  hundred  and  twenty,  for  civil 
service  employees  other  than  executive  officers  performing  like 
service  under  said  board  of  education. 

The  board  of  trustees  of  each  such  institution  of  higher  learning 
shall  adopt  schedules  and  schedule  conditions  to  become  effective 
not  later  than  the  first  day  of  June,  nineteen  hundred  and  twenty- 
one,  which  schedules  and  schedule  conditions  shall  fix  the  com- 
pensation or  salaries  of  the  members  of  the  teaching  and  supervising 
staffs  and  other  employees  according  to  the  provisions  of  this  sub- 
division, but  they  shall  not  include  in  such  schedules  and  schedule 
conditions  any  provision  which  postpones  the  full  operation  of  such 
schedules  beyond  the  first  day  of  June,  nineteen  hundred  and 
twenty-one.  The  said  trustees  shall  make  appointments  to  the 
various  grades  and  positions  provided  for  in  the  schedules  herein 
authorized  and  they  shall,  at  such  times  as  they  may  elect,  make 
promotions  from  grade  to  grade,  grant  salary  increments  which 
they  may  legally  establish  within  the  mijiiimum  and  maximum  limits 
of  the  various  schedules  adopted  by  said  trustees,  and  appoint  per- 
sons to  temporary  or  part  time  service.  The  said  trustees  shall 
make  up  their  pay-roll  budgets  in  amounts  sufficient  to  cover  com- 
pensation for  all  persons  appointed  by  them,  at  rates  in  accordance 
with  the  provisions  of  this  subdivision,  and  a  reserve  sum  upon 
which  to  draw  for  the  compensation  of  minor,  temporary  employees ; 
but  in  making  their  appointments  and  in  preparing  the  salary  bud- 
gets of  their  institutions,  they  shall  not,  without  the  consent  by 
majority  vote  of  the  board  of  estimate  and  apportionment  or  like 
financial  authority  of  said  city,  in  any  one  year;  (a)  include  a  total 
sum  for  incumbents  under  schedule  C-nine  in  excess  of  twenty-five 
per  centum  of  the  total  salary  provision  in  said  budget  for  all 
incumbents  under  schedules  C-one  to  C-eleven,  both  inclusive; 
(b)  include  in  the  salary  budget  an  item  in  excess  of  one  thousand 
dollars  to  be  used  to  pay  for  the  services  of  persons  appointed  to 
temporary,  minor  positions.  The  board  of  estimate  and  apportion- 
ment or  like  financial  authority  of  such  city  shall,  in  addition  to 
providing  and  making  appropriation  for  all  other  requirements  of 
such  institution  of  higher  learning,  appropriate  annually  and  at  other 


282  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

times  when  necessary  an  amount  or  amounts  sufficient  to  pay  the 
salaries  fixed  in  accordance  with  the  provisions  of  this  subdivision, 
and  shall  pay  such  salaries  to  the  persons  employed  in  such  institu- 
tions. The  trustees  of  said  institution  shall  apply  all  amounts  so 
appropriated  solely  for  ihe  payment  of  salaries  fixed  as  herein  pro- 
vided to  persons  holding  positions  in  such  institution.  The  provisions 
of  this  subdivision  shall  be  carried  into  full  force  and  efifect  notwith- 
standing any  provision  to  the  contrary  in  the  charter  of  such  city 
or  in  any  act  relating  to  such  city  or  in  any  general,  special  or  local 
act;  and  any  provision  of  law  which  authorizes  the  postponement 
of  the  full  operation  of  the  salary  schedules  provided  in  this  sub- 
division, beyond  the  first  day  of  June,  nineteen  hundred  and  twenty- 
one,  is  hereby  repealed  and  the  compensation,  salaries  and  salary 
increments  in  the  schedules  adopted  as  herein  provided  shall  become 
fully  operative  on  and  after  the  first  day  of  June,  nineteen  hundred 
and  twenty-one,  subject,  however,  in  each  case,  to  provisions  of  law, 
if  any,  relating  to  the  approval  of  service  as  satisfactory.  No 
present  salary  shall  be  lowered  by  the  operation  of  this  subdivision. 

[Subdivision  C  added  by  L.  1921,  ch.  120,  in  effect  March  28, 
1921.] 

§  883-a  Special  provisions  as  to  certain  high  schools.  In  a 
city  of  the  first  class  having  a  population  of  one  million  or  more 
inhabitants,  the  board  of  tuistees,  officers  or  bodies  having  appro- 
priate jurisdiction  shall  adopt  schedules  and  schedule  conditions  to 
become  effective  on  and  after  the  first  day  of  August,  nineteen 
hundrded  and  twenty,  fixing  the  compensation  or  salaries  of  prin- 
cipals, assistants,  teachers,  instructors,  clerical  assistants  and  all 
persons  employed  in  the  management,  administration  or  supervision 
of  a  high  school  or  a  model  school  in  said  city,  in  which  high  school 
or  model  school  the  compensation  or  salaries  of  said  persons  are 
paid  directly  or  indirectly  out  of  moneys  appropriated  by  the  board 
of  estimate  and  apportionment  or  like  financial  authority  in  said 
city,  and  in  which  the  minimum  curriculum  or  course  of  study  is 
established  or  is  subject  to  approval  by  the  board  of  education  of 
said  city  or  by  the  board  of  Regents  of  the  State  of  New  York, 
and  which  is  maintained  in  every  respect*  as  a  public  high  school 
or  model  school.  Such  schedules  shall  provide  for  compensation, 
salaries  and  salary  increments  to  be  paid  to  each  of  said  persons 
which  shall  be  not  less  than  those  fixed  and  adopted  by  the  board 
of  education  of  said  city  pursuant  to  the  provisions  of  this  act,  tor 
principals,   teachers,   instructors,    clerical   assistants    and   employees 


EDUCATION    LAW  283 

performing  like  services  in  the  high  schools  and  model  schools  under 
the  jurisdiction  of  said  board  of  education.  The  board  of  estimate 
and  apportionment  or  like  financial  authority  of  such  city  shall,  in 
addition  to  any  other  appropriation  provided  for  by  law  for  such 
school,  appropriate  annually  for  such  school  an  amount  sufficient  to 
pay  the  increases  in  salaries  provided  for  in  this  section,  and  the 
money  so  appropriated  shall  be  used  for  the  payment  of  said 
increases  in  salaries.  [Added  by  L.  1920,  ch.  680,  in  effect  May 
10,  1920.] 

§  884  Salaries  in  cities  of  the  first  class  having  a  population 
of  less  than  one  million.  In  a  city  of  the  first  class  having  a 
population  of  less  than  one  million  the  board  of  education  shall 
adopt  schedules  and  schedule  conditions  to  become  effective  on  and 
after  the  first  day  of  August,  nineteen  hundred  and  twenty,  which 
schedules  and  schedule  conditions  shall  fix  the  compensation  or 
salaries  of  the  members  of  the  supervising  and  teaching  staff  in 
said  city.  The  schedules  and  schedule  conditions  so  to  be  adopted 
shall  provide  that  on  and  after  the  first  day  of  August,  nineteen 
hundred  and  twenty,  the  annual  compensation  or  salary  paid  to  each 
member  of  the  supervising  and  teaching  staff  in  said  city  shall  be 
not  less  than  four  hundred  dollars  in  advance  of  the  compensation 
or  salary  fixed  in  the  schedules  adopted  by  said  board  of  education 
prior  to  and  in  effect  on  the  first  day  of  March,  nineteen  hundred 
and  twenty,  as  the  same  shall  appear  in  the  schedules  filed  in  the 
office  of  the  State  Commissioner  of  Education,  provided  that  on 
and  after  the  said  first  day  of  August,  nineteen  hundred  and  twenty, 
the  minimum  compensation  or  salary  paid  to  any  member  of  the 
supervising  and  teaching  staffs  in  the  junior  high  schools  of  said 
city  shall  be  not  less  than  one  thousand  six  hundred  dollars  per 
annum.  The  schedules  and  schedule  conditions  so  to  be  adopted 
shall  provide  further  that  on  and  after  the  said  first  day  of  August 
nineteen  hundred  and  twenty,  the  annual  increments  in  each  and 
every  schedule  which  has  a  fixed  minimum  compensation  or  salary 
and  a  maximum  compensation  or  salary,  shall  be  not  less  than  one 
hundred  dollars  nor  less  than  one-eighth  of  the  difference  between 
such  minimum  compensation  or  salary  and  that  maximum  compen- 
sation or  salary  to  which  a  member  of  the  supervising  and  teaching 
staff  employed  under  such  schedule  shall  be  automatically  carried. 
Nor  shall  the  number  of  said  annual  increments  in  any  schedule  be 
less  than  eight.  [Added  by  L.  1919,  ch.  645;  amended  by  L.  1920, 
ch.  680,  in  effect  May  10,  1920.] 


284  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

§  885  Salaries  in  cities  of  a  population  of  fifty  thousand  and 
less  than  one  hundred  and  fifty  thousand.  On  and  after  the  first 
day  of  August,  nineteen  hundred  and  twenty,  the  salaries  and  salary 
increments  of  members  of  the  supervising  and  teaching  staff  in 
cities  of  a  population  of  fifty  thousand  and  less  than  one  hundred 
and  fifty  thousand  and  the  salary  and  salary  increments  and  con- 
tracts for  compensation  of  members  of  the  supervising  and  teaching 
staff  of  union  free  school  districts  located  wholly  within  the 
boundaries  of  such  cities  shall  be  not  less  than  those  prescribed  in 
the  following  schedules: 

A.  Elementary  Schools 

Schedule  A-1.  Teachers  of  kindergarten  and  first  to  eighth  year 
classes:  first  year,  one  thousand  one  hundred  dollars;  number  of 
annual  increments,  not  less  than  eight. 

B.  High  Schools 

Schedule  B-1.  Teachers:  first  year,  one  thousand  three  hundred 
dollars;  number  of  annual  increments,  not  less  than  eight.  [Added 
by  L.  1919,  ch.  645;  amended  by  L.  1920,  ch.  680,  in  effect  May  10, 
1920.] 

§  886  Salaries  in  cities  of  a  population  of  less  than  fifty  thou- 
sand. On  and  after  the  first  day  of  August,  nineteen  hundred 
and  twenty,  the  salaries  and  salary  increments  and  the  contracts 
for  compensation  of  members  of  the  supervising  and  teaching  staff 
in  cities  of  a  population  of  less  than  fifty  thousand  and  in  union 
free  school  districts  authorized  by  law  to  have  superintendents  of 
schools  shall  be  not  less,  nor  provide  for  less,  than  those  prescribed 
in  the  following  schedules: 

A.  Elementary  Schools 

Schedule  A-1.  Teachers  of  kindergarten  and  first  to  eighth  year 
classes:  first  year,  one  thousand  dollars;  number  of  annual  incre- 
ments, not  less  than  eight. 

B.  High  Schools 

Schedule  B-1.  Teachers:  first  year,  one  thousand  one  hundred 
and  fifty  dollars ;  number  of  annual  increments,  not  less  than  eight. 
[Added  by  L.  1919,  ch.  645,  amended  by  L.  1920,  ch.  680,  in  effect 
May  10,  1920.] 


EDUCATION    LAW  285 

§  886-b  Salaries  in  union  free  school  districts.  On  and  after 
the  first  day  of  August,  nineteen  hundred  and  twenty,  the  salaries 
and  salary  increments  and  the  contracts  for  compensation  of  mem- 
bers of  the  supervising  and  teaching  staff  in  union  free  school 
districts  having  an  academic  department  or  high  school  approved 
by  the  Commissioner  of  Education,  other  than  those  provided  for 
in  the  preceding  section,  shall  be  not  less,  nor  provide  for  less,  than 
those  prescribed  in  the  following  schedules: 

A.  Elementary  Schools 

Schedule  A-1.  Teachers  of  kindergarten  and  first  to  eighth  year 
classes:  first  year,  eight  hundred  dollars;  number  of  annual  incre- 
ments, not  less  than  eight. 

B.  High  Schools 

Schedule  B-1.  Teachers:  first  year,  nine  hundred  dollars;  number 
of  annual  increments,  not  less  than  eight.  [Added  by  L.  1920, 
ch.  680,  in  effect  May  10,  1920.] 

§  887  The  board  of  education  in  each  city  of  the  State  shall 
fix  the  salaries  and  annual  salary  increments  of  all  members  of 
the  supervising  and  teaching  staffs  and  of  all  principals,  teachers, 
supervisors  or  other  employees,  whose  salaries  are  not  fixed  by  the 
provisions  of  this  act.  The  board  of  education  in  each  city  may 
also,  in  its  discretion,  increase  the  minimum  salaries  and  salary 
increments  of  any  members  of  the  supervising  and  teaching  staffs 
or  other  employees,  whose  salaries  are  not  fixed  by  the  provisions 
of  this  act.     [Added  by  L.  1919,  ch.  645.] 

§  888  Salaries  and  increments.  1  A  member  of  the  super- 
vising and  the  teaching  staff  in  such  schools  serving  under  a 
schedule  which  provides  for  annual  increments  shall  receive  for 
any  given  year  of  service  the  salary  and  the  increment  provided  in 
said  schedule  for  the  year  which  corresponds  to  his  year  of  service, 
unless  his  services  for  the  year  immediately  preceding  have  been 
declared  by  a  majority  vote  of  the  board  of  education  or  board  of 
superintendents  of  a  city,  to  be  unsatisfactory,  after  opportunity  to 
be  heard. 

2  The  salary,  including  the  annual  increment,  to  which  a  present 
member  of  such  teaching  staff  shall  be  entitled  under  any  salary 
schedule  existing  on  the  date  of  the  passage  of  this  act,  shall  not  be 
reduced  by  reason  of  the  operation  of  the  schedules  of  salaries  set 


286  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

forth  in  this  article,  or  by  reason  of  any  other  provision  contained 
in  this  article. 

Notwithstanding  any  other  provision  of  this  article  boards  of 
education  in  cities  located  in  a  county  having  a  population  of  over 
four  hundred  thousand  and  adjoining  a  city  having  a  population 
of  one  million  or  more  shall  fix  the  minimum  salaries  and  not  less 
than  eight  annual  increments  of  the  supervising  and  teaching  staflF 
in  said  cities  and  file  the  same  with  the  Commissioner  of  Education 
as  provided  in  this  act.  The  minimum  salaries  so  fixed  shall  not 
be  less  than  those  paid  in  said  cities  at  the  time  of  the  passage  of 
this  act. 

3  The  schedule  of  salaries  provided  for  in  this  act  shall  take 
effect  and  become  operative  as  follows : 

a  In  all  cities  having  a  population  of  less  than  one  million,  on 
the  first  day  of  January  1920. 

&  In  a  city  having  a  population  of  one  million  or  more,  the  board 
of  education  shall  pay  to  each  member  of  such  supervising  and 
teaching  staff,  until  and  including  J&ay  thirty-first,  nineteen  hundred 
and  twenty,  a  salary  which  shall  be  at  a  rate  not  less  than  that 
which  said  member  was  receiving  on  the  thirty-first  day  of  Decem- 
ber, nineteen  hundred  and  nineteen,  and  in  addition  thereto  one- 
third  of  the  difference  between  such  salary  to  the  said  thirty-first 
day  of  May,  nineteen  hundred  and  twenty,  and  the  amount  of 
salary  to  which  said  member  would  be  entitled  for  the  period 
expiring  on  the  said  thirty-first  day  of  May,  nineteen  hundred  and 
twenty,  under  the  schedules  and  schedule  conditions  made  in  con- 
formity with  the  provisions  of  this  article.  From  and  after  June 
first,  nineteen  hundred  and  twenty,  the  board  of  education  shall 
pay  to  each  member  of  such  teaching  and  supervising  staff,  a  salary 
which  shall  be  not  less  than  that  to  which  such  member  is  entitled 
under  the  schedules  and  schedule  conditions  made  in  conformity 
with  the  provisions  of  this  article,  and  on  and  after  such  date  the 
said  schedule  and  schedule  conditions  shall  be  in  full  force  and 
effect.  {Added  by  L.  1919,  cJi.  645,  subdivision  3-b  amended  by 
L.  1920,  ch.  73,  in  effect  March  23,  1920.] 

§  889  Schedule  to  be  filed.  A  copy  of  the  schedules  and 
schedule  conditions  approved  by  the  board  of  education  of  each 
city  together  with  a  copy  of  such  changes  in  schedules  and  schedule 
conditions  as  are  made  in  conformity  with  this  article,  certified  by 
the  secretary  of  the  board,  shall,  within  thirty  days  after  the  adop- 
tion thereof,  be  filed  in  the  office  of  the  State  Commissioner  of 
Education.     [Added  by  L.  1919,  ch.  645.] 


EDUCATION    LAW  287 

ARTICLE  34 

Appeals  or  Petitions  to  Commissioner  of  Education 

Section  890  Appeals    or    petitions    to    Commissioner    of    Education    and    other 
proceedings 

891  Powers  of   Commissioner  upon  appeals   of^  petitions,  et  cetera 

892  Filed  papers  and  copies  thereof 

§  890  Appeals  or  petitions  to  Commissioner  of  Education  and 
other  proceedings.  Any  person  conceiving  himself  aggrieved 
may  appeal  or  petition  to  the  Commissioner  of  Education  who  is 
hereby  authorized  and  required  to  examine  and  decide  the  same; 
and  the  Commissioner  of  Education  may  also  institute  such  proceed- 
ings as  are  authorized  under  this  act  and  his  decision  in  such  appeals, 
petitions  or  proceedings  shall  be  final  and  conclusive,  and  not  sub- 
ject to  question  or  review  in  any  place  or  court  whatever.  Such 
appeal  or  petition  may  be  made  in  consequence  of  any  action: 

1  By  any  school  district  meeting; 

2  By  any  school  commissioner  and  other  officers,  in  forming  or 
altering,  or  refusing  to  form  or  alter,  any  school  district,  or  in 
refusing  to  apportion  any  school  moneys  to  any  such  district  or 
part  of  a  district; 

3  By  a  supervisor  in  refusing  to  pay  any  such  moneys  to  any 
such  district; 

4  By  the  trustees  of  any  district  in  paying  or  refusing  to  pay 
any  teacher,  or  in  refusing  to  admit  any  scholar  gratuitously  into 
any  school  or  on  any  other  matter  upon  which  they  may  or  do 
officially  act; 

5  By  any  trustees  of  any  school  library  concerning  such  library, 
or  the  books  therein,  or  the  use  of  such  books ; 

6  By  any  district  meeting  in  relation  to  the  library  or  any  other 
matter  pertaining  to  the  affairs  of  the  district. 

7  By  any  other  official  act  or  decision  of  any  officer,  school 
authorities,  or  meetings  concerning  any  other  matter  under  this 
chapter,  or  any  other  act  pertaining  to  common  schools.  [Section 
renumbered  by  L.  1918,  ch.  252.] 

§  891  Powers  of  Commissioner  upon  appeals  or  petitions,  et 
cetera.  The  Commissioner,  in  reference  to  such  appeals,  peti- 
tions or  proceedings,  shall  have  power: 

1  To  regulate  the  practice  therein. 


1  So  in  original. 


288  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

2  To  determine  whether  an  appeal  shall  stay  proceedings,  and 
prescribe  conditions  upon  which  it  shall  or  shall  not  so  operate. 

3  To  decline  to  entertain  or  to  dismiss  an  appeal,  when  it  shall 
appear  that  the  appellant  has  no  interest  in  the  matter  appealed 
from,  and  that  the  matter  is  not  a  matter  of  public  concern  and 
that  the  person  injuriously  affected  by  the  act  or  decision  appealed 
from  is  incompetent  to  appeal. 

4  To  make  all  orders,  by  directing  the  levying  of  taxes  or  other- 
wise, which  may,  in  his  judgment,  be  proper  or  necessary  to  give 
effect  to  his  decision.     [Section  renumbered  by  L.  1918,  cJl  252.] 

§  892  Filed  papers  and  copies  thereof.  The  Commissioner 
shall  file,  arrange  in  the  order  of  time,  and  keep  in  his  office,  so  that 
they  may  be  at  all  times  accessible,  all  the  proceedings  on  every 
appeal  or  petition  to  him  under  this  article,  including  his  decision 
and  orders  founded  thereon;  and  copies  of  all  such  papers  and 
proceedings,  authenticated  by  him  under  his  seal  of  office,  shall  be 
evidence  equally  with  the  originals.  [Section  renumbered  by  L. 
1918,  ch.  252.] 

ARTICLE  35 
Orphan  Schools 

Section  900  Schools  of  orphan  asylums 

901  Rules  subject  to  supervision  of  school  authorities 

902  Annual    reports 

§  900  Schools  of  orphan  asylums.  The  schools  of  the  several 
incorporated  orphan  asylum  societies  in  this  State,  other  than  those 
in  the  city  of  New  York,  shall  participate  in  the  distribution  of  the 
school  moneys,  in  the  same  manner  and  to  the  same  extent,  in 
proportion  to  the  number  of  children  educated  therein,  as  the  com- 
mon schools  in  their  respective  cities  or  districts.  The  schools  of 
said  societies  shall  be  subject  to  the  rules  and  regulations  of  the 
common  schools  in  such  cities  or  districts,  but  shall  remain  under 
the  immediate  management  and  direction  of  the  said  societies  as 
heretofore. 

§  901  Rules  subject  to  supervision  of  school  authorities. 
Every  such  asylum  may  make  all  laws,  rules  and  regulations  relative 
to  the  education  and  discipline  of  their  inmates,  as  a  majority  of 
the  trustees  thereof  at  their  annual  meetings  shafll  think  fit  and 
proper;  but  such  laws,  rules  and  regulations  shall  not  be  repugnant 
to  the  laws  of  this  State  in  its  policy  in  reference  to  public  and 
primary  instruction,  and  shall  be  subject  at  all  times  to  the  inspec- 
tion   and    supervision    of    the    several    educational    officers    of    the 


EDUCATION    LAW  289 

different   villages,   towns  or   cities   in   which   such   orphan  asylums 
may  be  located. 

§  902  Annual  reports.  An  annual  report  shall  be  made  and 
sworn  to  by  the  presiding  officer  of  any  such  asylum,  stating  the 
number  of  inmates  thereof,  the  time  spent  by  them  in  pursuing 
studies  therein,  in  what  studies  they  shall  have  been  instructed,  and 
the  manner  in  which  the  public  funds  distributed  to  it  shall  have 
been  expended,  which  shall  be  filed  with  the  Commissioner  of 
Education. 

ARTICLE  36 

Schools  for  Colored  Children 

[Text  of  article  omitted.] 

ARTICLE  37 

Indian  Schools 

[Text  of  article  omitted.] 

ARTICLE  38 

Instruction  of  Deaf-Mutes  and  of  the  Blind 

[Text  of  article  omitted.] 

ARTICLE  39 

New  York  State  School  for  the  Blind 

[Text  of  article  omitted.] 

ARTICLE  39-a 

[Added  by  L.  1917,  ch.  559,  in  effect  May  18,  1917] 
Physically  Defective  Children 

§  1020  Physically  defective  children.  1  The  board  of  educa- 
tion of  each  city  and  of  each  union  free  school  district,  and  the 
board  of  trustees  of  each  school  district  shall,  within  one  year  from 
the  time  this  act  becomes  effective,  ascertain,  under  regulations  pre- 
scribed by  the  Commissioner  of  Education  and  approved  by  the 
Regents  of  the  University,  the  number  of  children  in  such  city  or 
district  under  the  age  of  eighteen  years  who  are  deaf.  Wind,  so 
crippled  or  otherwise  so  physically  defective  as  to  be  unable  to 
attend  upon  instruction  in  regular  classes  maintained  in  public 
schools. 


290 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


2  The  board  of  education  of  each  city  and  of  each  union  free 
school  district  in  which  there  are  ten  or  more  children  who  are 
deaf,  blind,  crippled  or  otherwise  physically  defective  shall  establish 
such  special  classes  as  may  be  necessary  to  provide  instruction 
adapted  to  the  mental  attainments  and  physical  conditions  of  such 
children.  Provided,  however,  that  in  each  city  or  union  free  school 
district  in  which  schools  for  the  deaf,  blind,  crippled  or  otherwise 
physically  defective  now  exist  or  may  hereafter  be  established, 
which  are  incorporated  under  the  laws  of  the  State  and  are  found 
by  the  board  of  education  to  be  adequate  to  provide  instruction 
adapted  to  the  mental  attainments  and  physical  conditions  of  such 
children,  the  board  of  education  shall  not  be  required  to  supply 
additional  special  classes  for  the  children  so  provided  for. 

The  board  of  education  of  such  cities  or  union  free  school  dis- 
tricts is  hereby  authorized  and  empowered  to  contract  with  such 
schools  for  the  education  of  such  children  in  special  classes  therein. 
[Amended  by  L.  1918,  ch.  378,  in  effect  April  30,  1918.] 

3  The  board  of  education  of  each  city  and  of  each  union  free 
school  district,  and  the  board  of  trustees  of  each  school  district, 
which  contains  less  than  ten  children  who  are  deaf,  blind,  crippled 
or  otherwise  physically  defective,  is  hereby  authorized  and  empow- 
ered to  contract  with  the  board  of  education  of  another  city  or 
school  district  for  the  education  of  such  children  in  special  classes 
organized  in  the  schools  of  the  city  or  district  with  which  such 
contract  is  made.  [Added  by  L.  1917,  ch.  559,  in  effect  May  18, 
1917.] 

ARTICLE  40 

Cornell  University 

[Text  of  article  omitted.] 

ARTICLE  40-a 

[Article  40-a,  added  by  L.  1917,  ch.  207,  in  effect  April  19,  1917] 
Agricultural  Schools 

Section  1040  Courses  of  study;  instruction 

1041  Recommendations  as  to  appropriations;  expenditures 

§  1040  Courses  of  study;  instruction.  The  instruction  of 
pupils  attending  the  schools  of  agriculture  established  under  the 
provisions  of  articles  41,  41-a,  42,  42-a,  43  and  45-a  of  this  chapter 
shall  be  under  the  general  supervision  of  the  Commissioner  of  Edu- 
cation.    The  Commissioner  of   Education  is  hereby  authorized  to 


EDUCATION    LAW  291 

approve  the  courses  of  study  to  be  followed  in  such  schools  of  agri- 
culture and  in  the  extension  work  carried  on  by  such  schools, 
including  the  training  of  teachers  of  agriculture.  Such  directions 
shall  be  given  by  the  Commissioner  to  the  board  of  directors  or 
trustees,  as  the  case  may  be,  of  each  agricultural  school,  and  such 
board  of  directors  or  trustees  shall,  upon  receiving  such  directions 
as  to  such  courses  of  study,  cause  the  same  to  be  followed  and  the 
subjects  therein  prescribed  to  be  taught  in  such  schools.  [Added 
by  L.  1917,  ch.  207,  in  effect  April  19,  1917 .^ 

§  1041  Recommendations  as  to  appropriations;  expenditures. 
The  Commissioner  of  Education  shall  recommend  annually  to  the 
Legislature  the  amount  of  appropriations  approved  by  him  as  neces- 
sary for  the  maintenance  of  such  agricultural  schools  and  for 
carrying  into  effect  the  purposes  for  which  they  were  established. 
The  amounts  appropriated  for  the  support  and  maintenance  of 
such  schools  shall  be  paid  out  by  the  State  Treasurer  upon  the  war- 
rant and  audit  of  the  Comptroller  and  upon  vouchers  approved  by 
the  Commissioner  of  Education.  The  provisions  of  this  article  shall 
not  apply  to  the  New  York  State  College  of  Agriculture  at  Cornell 
University.     {Added  by  L.  1917,  ch.  207,  in  effect  April  19, 1917.] 

ARTICLE  41 
State  School  of  Agriculture  at  Saint  Lawrence  University 

[Text  of  article  omitted.] 

ARTICLE  41-a 

[Added  by  L.  1913,  ch.  675] 
State  School  of  Agriculture  and  Domestic  Science  at  Delhi 

[Text  of  article  omitted.] 

ARTICLE  42 

State  School  of  Agriculture  at  Alfred  University 

[Text  of  article  omitted.] 

ARTICLE  42-a 

[Added  by  L.  1911,  ch.  852] 
State  School  of  Agriculture  at  Cobleskill 

[Text  of  article  omitted.] 


292  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

ARTICLE  43 

State  School  of  Agriculture  at  Morrisville 

[Text  of  article  omitted.] 

ARTICLE  43-a 

[Added  by  L.  1910,  ch.  441] 
Retirement  Fund  for  Teachers  in  State  Institutions 

[Text  of  article  omitted.] 

Under  the  provisions  of  chapter  568  of  the  Laws  of  1921,  entitled  "An 
Act  to  provide  a  more  uniform  retirement  plan  for  state  employees  under 
the  provision  of  the  New  York  State  employees'  retirement  fund  system  and 
to  repeal  certain  acts  and  parts  of  acts  providing  for  other  retirement  sys- 
tems," teachers  in  the  State  College  for  Teachers  and  the  state  normal 
schools  shall  be  considered  as  teachers  subject  to  the  provisions  of  article 
43-b  of  the  Education  Law.  This  act  repeals  article  43-a  as  added  by  chap- 
ter 441  of  the  Laws  of  1910,  to  take  effect  July  1,  1921,  except  as  to  employees 
now  covered  by  said  article,  and  as  to  them  it  shall  take  effect  July  1,  1925. 
It  is  further  provided  that  the  pensions  of  all  pensioners  drawing  pensions 
under  the  repealed  act  on  June  30th  of  the  year  of  repeal  shall  be  continued 
and  paid  out  of  any  funds  accumulated  under  such  law,  and  that  the  amount 
required  in  addition  to  continue  the  pensions  of  such  pensioners  shall  be  paid 
by  the  State  of  New  York  by  annual  appropriations  made  therefor  from 
the  general  fund.  Chapter  104  of  the  Laws  of  1922  amends  chapter  568  of 
the  Laws  of  1921  and  permits  teachers  employed  in  the  State  Agricultural 
and  Industrial  School  to  become  eligible  for  membership  in  the  State  Teachers 
Retirement  Fund  System, 

ARTICLE  43-b 

[Inserted  by  L.  1920,  ch.  503,  in  effect  August  1,  1921] 
State  Teachers'  Retirement  Fund  for  Public  School  Teachers 

Section  1100  Definitions 

1101  Establishment  of   retirement   system 

1102  Membership  of  system 

1103  Retirement  board;  members;  terms  of  office 

1104  Election  of  elected  members  of  board 

1105  Vacancies    in    board;    meetings;     oaths     of     office;    quorum; 

expenses 

1106  Officers  of  board;  custody  of  funds 

1107  Investment  of   funds;   interest;  accounts;   reports 

1108  Statements  of  teachers'  service;  determination  of  service  cred- 

itable ;  service  certificates 

1109  Superannuation   retirement 
1109-a  Disability   retirement 

1109-fc  Withdrawal  and  death  benefits 
1109-c  Optional  allowances 


EDUCATION    LAW  293 

Section  1109-c?  Benefits  to  participants  in  old  retirement  fund 
1109-^  Funds  enumerated 

1109-/  Annuity  savings  fund;  contributions  and  payments 
1109-5r  Annuity  reserve  fund;  pension  accumulation  fund 
1109-/i  Pension  reserve  fund 
1109-i   Expense  fund 
1109-y  Duties   of    employer 
1109-^  Collection  of  contributions 

1109-/    Discontinuance  of  local  district  pension  systems 
1109-w  Transfer  of  contributions  between  retirement  systems 
1109-n  State  supervision 
1109-O  Exemption  from  taxation 
1109-/»  Protection  against  fraud 

§  1100  Definitions.  The  following  words  and  phrases  used  in 
this  article  shall  have  the  following  meanings  unless  a  different 
meaning  is  plainly  required  by  the  context: 

(1)  "Retirement  system"  shall  mean  the  New  York  State 
teachers'  retirement  system  provided  for  in  section  eleven  hundred 
and  one  of  this  article. 

(2)  "  Retirement  board  "  shall  mean  the  retirement  board  pro- 
vided by  section  eleven  hundred  and  three  of  this  article. 

(3)  "  Employer  "  shall  mean  the  State  of  New  York,  the  city, 
the  village,  school  district  board  or  trustee,  or  other  agency  of  and 
within  the  State  by  which  a  teacher  is  paid. 

(4)  "  Teacher  "  shall  mean  any  regular  teacher,  special  teacher, 
including  any  school  librarian  or  physical  training  teacher,  prin- 
cipal, vice-principal,  supervisor,  supervisory  principal,  director, 
superintendent,  city  superintendent,  assistant  city  superintendent, 
district  superintendent,  school  commissioner  and  other  member  of 
the  teaching  or  professional  staff  of  any  class,  public  school,  voca- 
tional school,  truant  reformatory  school  or  parental  school  and  of 
any  or  all  classes  of  schools  within  the  State  of  New  York,  including 
schools  on  the  Indian  reservation,  conducted  under  the  order  and 
superintendence  of  and  wholly  or  partly  at  the  expense  of  the  New 
York  State  Education  Department  or  of  a  duly  elected  board  of 
education,  board  of  school  directors  or  board  of  trustees  of  the 
State  or  of  any  city  or  school  district  thereof,  provided  that  no 
person  shall  be  deemed  a  teacher  within  the  meaning  of  this  article 
who  is  not  so  employed  for  full  time  outside  vacation  periods.  The 
word,  "  teacher,"  shall  also  include  any  person  employed  in  the 
State  Education  Department  who  at  the  time  he  entered  such 
employment,  or  within  one  year  prior  thereto,  was  a  teacher  within 
the  foregoing  definition,  or  who  is  engaged  in  such  department  in 
the  performance  of  duties  pertaining  to  instructional  services.     In 


294  THE    UNIVERSITY   OF    THE    STATE    OF    NEW    YORK 

all  cases  of  doubt,  the  retirement  board  shall  determine  whether  any 
person  is  a  teacher  as  defined  in  this  article. 

(5)  "  Present  teacher  "  shall  mean  any  teacher  who  was  a  teacher 
on  or  before  the  first  day  of  August,  nineteen  hundred  and  twenty- 
one,  whose  membership  in  the  retirement  system  created  by  this 
act  has  been  continuous  and 

(a)  who  became  a  member  of  the  retirement  system  created  by 
this  act  on  or  before  the  first  day  of  August  nineteen  hundred  and 
twenty-two;  or 

(b)  who  was  a  member  of  a  local  district  pension  system  on  or 
before  the  first  day  of  August,  nineteen  hundred  and  twenty-one, 
who  continued  thereafter  to  be  a  member  until  he,  with  the  member- 
ship of  such  local  district  pension  system,  became  a  member  of  the 
retirement  system  created  by  this  act. 

(6)  "  New  entrant "  shall  mean  any  teacher  who  is  a  member 
of  the  retirement  system  except  a  present  teacher. 

(7)  "  Contributor "  shall  mean  any  member  of  the  retirement 
system  who  has  an  account  in  the  annuity  savings  fund  as  provided 
by  this  article. 

(8)  "  Beneficiary  "  shall  mean  any  person  in  receipt  of  a  retire- 
ment allowance  or  other  benefit  as  provided  by  this  article, 

(9)  "  Regular  interest "  shall  mean  interest  at  four  per  centum 
per  annum  compounded  annually. 

(10)  "Accumulated  contributions"  shall  mean  the  sum  of  all 
the  amounts  deducted  from  the  compensation  of  a  contributor,  and 
credited  to  his  individual  account  in  the  annuity  savings  fund 
together  with  regular  interest  thereon. 

(11)  "  Final  average  salary "  shall  mean  the  average  annual 
compensation  earnable  as  a  teacher  during  the  five  years  of  service 
immediately  preceding  his  date  of  retirement. 

(12)  "Annuity"  shall  mean  the  annual  payments  for  fife  derived 
from  contributions  made  by  contributor  as  provided  in  this  article. 
All  annuities  shall  be  paid  in  equal  monthly  instalments. 

(13)  "  Pension  "  shall  mean  the  annual  payments  for  life  derived 
from  payments  made  by  an  employer  as  provided  in  this  article. 
All  pensions  shall  be  paid  in  equal  monthly  instalments. 

(14)  "  Retirement  allowance"  shall  mean  the  pension  plus  the 
annuity. 

(15)  "Annuity  reserve"  shall  mean  the  present  value  of  all  pay- 
ments to  be  made  on  account  of  any  annuity,  or  benefit  in  lieu  of 
any  annuity,  computed  upon  the  basis  of  such  mortality  tables  as 
shall  be  adopted  by  the  retirement  board  with  regular  interest. 


EDUCATION    LAW  295 

(16)  "Pension  reserve"  shall  mean  the  present  value  of  all 
payments  to  be  made  on  account  of  any  pension,  or  benefit  in  lieu 
of  any  pension,  computed  upon  the  basis  of  such  mortality  tables  as 
shall  be  adopted  by  the  retirement  board  with  regular  interest. 

(17)  "Retirement  fund"  shall  mean  the  state  teachers'  retire- 
ment fund  for  public  school  teachers  of  the  State  of  New  York 
as  created  by  chapter  one  hundred  and  forty  of  the  laws  of  nine- 
teen hundred  and  ten,  chapter  four  hundred  and  forty-nine  of  the 
laws  of  nineteen  hundred  and  eleven,  chapter  forty-four  of  the 
laws  of  nineteen  hundred  and  fourteen  and  chapter  one  hundred 
and  three  of  the  laws  of  nineteen  hundred  and  nineteen. 

(18)  "Local  district  pension  system"  shall  mean  any  teachers' 
retirement  system  or  other  arrangement  for  the  payment  of  pen- 
sions or  annuities  to  teachers  exclusive  of  the  retirement  fund, 
created  in  any  city  or  school  district  of  this  State  prior  to  the  first 
day  of  August,  nineteen  hundred  and  twenty-one. 

§  1101  Establishment  of  retirement  system.  (1)  The  retire- 
ment system  shall  be  established  on  the  first  day  of  August,  nineteen 
hundred  and  twenty-one,  and  shall  be  known  as  the  "  New  York 
State  teachers'  retirement  system." 

(2)  The  retirement  system  so  created  shall  have  the  powers  and 
privileges  of  a  corporation,  and  under  its  corporate  name  all  of  its 
business  shall  be  transacted,  all  funds  invested,  all  warrants  for 
money  drawn  and  payments  made,  and  all  cash  and  securities  and 
other  property  shall  be  held. 

§  1102  Membership  of  system.  (1)  The  membership  of  the 
retirement  system  shall  consist  of  the  following: 

(a)  All  teachers  who  were  teachers  on  or  before  the  first  day  of 
August,  nineteen  hundred  and  twenty-one,  who  shall  file  with  the 
retirement  board  applications  for  membership,  except  those  specifi- 
cally excluded  under  subdivision  four  of  this  section. 

(b)  All  teachers  who  were  not  teachers  on  or  before  the  first 
day  of  August,  nineteen  hundred  and  twenty-one,  except  those 
specifically  excluded  under  subdivision  four  of  this  section. 

(2)  The  retirement"* board  may,  in  its  discretion,  deny  the  right 
to  become  members  to  any  class  of  teachers  whose  compensation 
is  only  partly  paid  by  the  employer  or  who  are  serving  on  a  tem- 
porary or  any  other  than  a  per  annum  basis,  and  it  may  also,  in 
its  discretion,  make  optional  with  members  in  any  such  class  their 
individual  entrance  into  membership. 

(3)  The  membership  of  any  person  in  the  retirement  system 
shall  cease  if  he  shall  be  continuously  absent  without  pay  for  a 


296  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

period  of  more  than  two  years,  or  if  in  any  five-year  period  after 
he  last  became  a  member,  he  shall  render  less  than  two  years  of 
service  as  a  teacher,  or  upon  the  withdrawal  by  a  contributor  of 
his  accumulated  deductions  as  provided  in  this  article  or  upon  retire- 
ment on  a  pension,  or  at  death. 

(4)  Teachers  who  are  members  or  who  become  members  of  a 
local  district  pension  system  maintained  under  the  laws  of  the  State 
from  appropriations  or  contributions  made  wholly  or  partly  by  an 
employer  shall  be  excluded  from  membership  in  this  retirement 
system.  But  should  more  than  two-thirds  of  all  the  teachers  par- 
ticipating in  such  local  district  pension  system  apply  for  member- 
ship in  the  retirement  system  created  by  this  article  by  a  petition 
duly  signed  and  verified,  approved  by  their  employers  and  filed 
with  the  retirement  board,  all  the  teachers  included  in  the  member- 
ship of  such  local  district  pension  system  shall  become  members 
of  the  retirement  system  created  by  this  article  at  such  time  within 
three  months  after  the  filing  of  such  petition  as  the  retirement  board 
shall  designate.  Thereupon,  the  local  district  pension  system  of 
which  they  were  members  shall  be  dissolved  and  discontinued  as 
provided  in  section  eleven  hundred  and  nine-/  of  this  article. 

§  1103  Retirement  board;  members;  terms  of  office.  (1)  The 
general  administration  and  responsibility  for  the  proper  operation 
of  the  retirement  system  and  for  making  effective  the  provisions  of 
this  article  is  hereby  vested  in  a  retirement  board  which  shall  be 
organized  immediately  after  the  appointment  of  its  members.  The 
retirement  board  shall  from  time  to  time  establish  rules  and  regula- 
tions for  the  administration  and  transaction  of  its  business  and  for 
the  control  of  the  funds  created  herein  and  shall  perform  such  other 
functions  as  are  required  for  the  execution  of  the  provisions  of 
this  article. 

(2)  The  retirement  board  shall  consist  of  seven  members  as 
follows : 

(a)  One  member,  who  is  not  an  employee  of  the  State,  who  shall 
be  an  executive  officer  of  a  bank  authorized  to  do  business  in  this 
State,  elected  by  the  Board  of  Regents  of  The  University  of  the 
State  of  New  York  to  serve  for  a  term  of  three  years.  Following 
the  completion  of  the  initial  term,  the  stated  term  of  service  of  such 
member  shall  be  three  years. 

(b)  Two  administrative  officers  of  the  New  York  State  school 
system,  appointed  by  the  Commissioner  of  Education,  one  to  serve 
for  two  years  and  one  to  serve  for  three  years.  Members  of  the 
present  State  teachers'   retirement  fund  board  shall  be  deemed  to 


EDUCATION    LAW  297 

be  administrative  officers  of  the  New  York  State  school  system 
within  the  meaning  of  this  provision.  Following  the  completion  of 
the  initial  terms,  the  stated  terms  of  service  of  such  members  shall 
be  three  years. 

(c)  The  Comptroller  of  the  State  of  New  York  or  one  member 
appointed  by  him  who  shall  serve  until  his  successor  is  appointed. 

(d)  Three  members  elected  from  among  the  members  of  the 
retirement  system,  one  to  serve  for  one  year,  one  for  two  years, 
one  for  three  years.  Following  the  completion  of  the  initial  terms, 
the  stated  terms  of  service  of  such  members  shall  be  three  years. 

§  1104  Election  of  elected  members  of  board.  An  annual  con- 
vention of  the  members  of  the  retirement  system  shall  be  held 
at  twelve  o'clock  noon  on  the  Monday  immediately  preceding 
Thanksgiving  in  the  same"  city  as  the  annual  convention  of  the  New 
York  State  Teachers  Association,  or  in  the  absence  of  such  con- 
vention, in  the  State  Education  Building  at  Albany,  beginning  with 
the  year  nineteen  hundred  and  twenty-one,  for  the  purpose  of 
electing  members  of  the  board  of  retirement  of  the  retirement  sys- 
tem. Said  convention  shall  be  composed  of  delegates  selected  as 
hereinafter  provided  from  each  territory  constituting  the  jurisdic- 
tion of  a  district  superintendent,  of  a  village  or  city  superintendent, 
which  territory  shall  constitute  a  territorial  unit  of  representation 
in  the  assembly  of  delegates.  Said  convention  shall  be  called  to 
order  by  a  member  of  the  retirement  board  designated  by  said  board, 
and  shall  organize  by  the  election  of  a  chairman  and  a  secretary. 
Each  territorial  unit  shall  be  entitled  to  be  represented  in  such 
convention  by  one  delegate  for  each  two  hundred  members  of  the 
retirement  system  in  said  unit  and  one  delegate  for  any  fraction 
over  one  hundred;  provided,  that  each  unit  shall  be  entitled  to  at 
least  one  delegate.  Said  delegate  shall  be  elected  by  the  vote  of  a 
majority  of  the  members  of  the  retirement  system  voting  at  a 
meeting  held  for  the  purpose  of  electing  such  delegates.  Said  meet- 
ing for  the  election  of  delegates  shall  be  held  at  such  convenient 
place  as  shall  be  selected  by  the  superintendent  of  the  territory. 
Notice  of  the  time  and  place  of  said  meeting  shall  be  issued  by  said 
superintendent  at  least  ten  days  before  the  date  of  said  meeting. 
Said  meeting  shall  organize  by  the  election  of  a  chairman  and  secre- 
tary. Said  secretary  shall,  within  five  days  after  said  meeting, 
forward  to  the  retirement  board  of  the  retirement  system  a  cer- 
tificate containing  the  names  and  addresses  of  the  delegates  elected 
to  the  annual  convention,  and  shall  furnish  the  delegates  elected 
with  a  certificate  of   their  election.     In  case  of  a  vacancy  in  the 


298  THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 

delegation  from  any  unit,  the  remaining  delegates  from  such  unit 
may  fill  such  vacancy  by  appointing  a  member  in  said  unit,  who 
shall  possess  the  qualifications  hereinbefore  prescribed  for  delegates 
to  such  convention.  A  majority  of  all  the  delegates  entitled  to  seats 
in  said  convention  shall  constitute  a  quorum  for  the  transaction  of 
business. 

§  1105  Vacancies  in  board;  meetings;  oaths  of  office;  quorum; 
expenses.  (1)  A  vacancy  occurring  during  the  term  of  an 
appointed  member  shall  be  filled  for  the  unexpired  term  by  the 
appointment  of  a  successor  in  the  same  manner  as  his  predecessor. 
A  vacancy  occurring  during  a  term  in  the  case  of  an  elected  member 
shall  be  filled,  until  the  next  annual  convention  of  delegates,  by  the 
Commissioner  of  Education  and  shall  be  filled  for  the  unexpired 
term  by  the  delegates  at  the  next  annual  convention  in  addition  to 
the  regular  election. 

(2).  Until  the  election  of  three  members  of  the  system  to  serve 
on  the  board,  the  members  elected  by  the  Board  of  Regents  and 
appointed  by  the  Commissioner  of  Education,  and  the  State  Comp- 
troller or  the  member  appointed  by  him,  are  empowered  to  perform 
the  duties  of  the  retirement  board.  Such  members  shall  be  appointed 
within  six  weeks  after  this  article  takes  effect. 

(3)  The  board  shall  meet  annually  in  the  Education  Building  at 
Albany  on  the  second  Wednesday  in  January  and  shall  have  stated 
meetings  at  the  same  place  at  least  one  in  each  three  months  as 
determined  by  the  regulations  of  the  board. 

(4)  Each  member  of  the  retirement  board  shall,  within  ten  days 
after  his  appointment  or  election,  take  the  constitutional  oath  of 
office  and  cause  the  same  to  be  filed  in  the  office  of  the  secretary 
of  state. 

(5)  A  majority  of  the  members  of  the  retirement  board  shall 
constitute  a  quorum  for  the  transaction  of  any  business. 

(6)  The  members  of  the  retirement  board  shall  serve  without 
compensation,  but  they  shall  be  reimbursed  from  the  expense  fund 
for  all  actual  necessary  expenses  and  for  any  loss  of  salary  or 
wages  they  may  suffer  through  serving  on  the  retirement  board. 

§  1106  Officers  of  board;  custody  of  funds.  (1)  The  retire- 
ment board  shall  elect  from  its  membership  a  president  and  vice- 
president,  and  shall  have  power  to  employ  a  secretary  and  to  secure 
the  services  of  such  technical  and  administrative  employees  as  may 
be  necessary  for  the  transaction  of  the  business  of  the  retirement 
system.  The  compensation  of  all  persons  engaged  by  the  retirement 
board  and  all  other  expenses  of  the  board  necessary  for  the  proper 


EDUCATION   LAW  299 

Operation  of  the  retirement  system  shall  be  paid  at  such  rates  and 
in  such  amounts  as  the  retirement  board  shall  approve. 

(2)  The  counsel  of  the  State  Education  Department  shall  be 
the  legal  adviser  of  the  retirement  board. 

*  (3)  The  Treasurer  of  the  State  of  New  York  shall  be  custodian 
of  the  funds  of  the  retirement  system.  Disbursements  from  the 
funds  of  the  retirement  system  shall  be  made  by  the  treasurer  only 
upon  authorization  by  the  retirement  board  by  resolution  duly 
adopted  at  a  meeting  of  the  board  by  a  majority  of  its  members. 

(4)  The  Treasurer  of  the  State  shall  give  a  separate  and  addi- 
tional bond  in  such  amount  as  may  be  fixed  from  time  to  time  by 
the  governor  for  the  faithful  performance  of  the  duties  of  such 
treasurer  as  custodian  of  the  funds  of  the  retirement  system  pro- 
vided for  herein.  Such  bond  shall  be  deposited  with  the  Secretary 
of  State  and  kept  in  his  office. 

(5)  The  treasurer  shall  furnish  annually  to  the  retirement  board 
a  sworn  statement  of  the  amount  of  the  funds  in  his  custody 
belonging  to  the  retirement  system. 

§  1107  Investment  of  funds;  interest;  accounts;  reports. 
(1)  The  members  of  the  retirement  board  shall  be  the  trustees 
of  the  several  funds  created  by  this  article,  and  shall  determine 
from  time  to  time  what  part  of  the  moneys  belonging  to  the  retire- 
ment system  shall  be  invested.  When  such  board  shall  determine 
upon  the  investment  of  any  moneys  or  upon  the  conversion  or  sale 
of  any  securities,  it  shall,  by  resolution  duly  adopted  by  a  majority 
vote  of  the  members  of  the  board,  direct  the  treasurer  to  so  invest 
the  moneys  or  convert  or  sell  the  securities.  Investments  shall  be 
made  only  in  securities  in  which  the  trustees  of  a  savings  bank  may 
invest  the  moneys  deposited  therein  as  provided  by  section  one 
hundred  and  forty-six  of  the  banking  law.  It  shall  be  the  duty  of 
the  treasurer  to  collect  the  interest  thereon  as  the  same  becomes  due 
and  payable  and  also  the  principal  thereof  and  place  the  same  when 
so  collected  to  the  credit  of  the  retirement  system. 

(2)  The  retirement  board  shall  annually  allow  regular  interest 
on  the  mean  amount  for  the  preceding  year  in  each  of  the  funds 
created  by  this  article,  excepting  the  expense  fund.  The  amount 
so  allowed  shall  be  payable  to  said  funds  and  shall  be  annually 
credited  thereto  by  the  retirement  board.  All  interest  earned  upon 
the  entire  amount  of  the  funds  belonging  to  the  retirement  system 
shall  be  used  for  this  purpose,  unless  the  amount  so  earned  is  in 
excess  of  the  requirements,  in  which  case  the  excess  amount  shall 


300  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

be  credited  to  the  pension  accumulation  fund.  Any  deficiency  in 
the  amount  required  to  cover  the  interest  requirements  of  the  funds, 
exclusive  of  the  pension  accumulation  fund,  shall  be  paid  from  the 
pension  accumulation  fund. 

(3)  Except  as  herein  provided,  no  member  nor  employee  of  the 
retirement  board  shall  have  any  interest  direct  or  indirect  in  the 
gains  or  profits  of  any  investment  made  by  the  board  nor  as  such 
directly  or  indirectly  receive  any  pay  or  emolument  for  his  services. 
And  no  member  nor  employee  of  the  said  board  directly  or  indirectly, 
for  himself  or  as  an  agent  or  partner  of  others,  nor  a  corporation 
of  which  he  is  an  officer,  stockholder  or  member,  shall  borrow  any 
of  its  funds  or  deposits  or  in  any  manner  use  the  same  except  to 
make  such  current  and  necessary  payments  as  are  authorized  by 
the  board;  nor  shall  any  member  or  employee  of  said  board  become 
an  endorser  or  surety  or  become  in  any  manner  an  obligor  for 
moneys  loaned  by  or  borrowed  of  the  board. 

(4)  The  retirement  board  shall  provide  for  maintenance  of  an 
individual  account  with  each  member  showing  the  amount  of  the 
member's  contributions  and  the  interest  accumulations  thereon  It 
shall  collect  and  keep  in  convenient  form  such  data  as  shall  be  neces- 
sary for  the  preparation  of  the  required  mortality  and  service  tables, 
and  for  the  compilation  of  such  other  information  as .  shall  be 
required  for  the  actuarial  valuation  of  the  assets  and  liabilities  of 
the  various  funds  created  by  this  article.  Upon  the  basis  of  the 
mortality  and  service  experience  of  the  members  and  beneficiaries 
of  the  system,  the  retirement  board  from  time  to  time  shall  adopt 
the  tables  to  be  used  for  valuation  purposes  and  for  determining 
the  amount  of  annuities  to  be  allowed  on  the  basis  of  the  contribu- 
tions of  members. 

(5)  At  such  times  as  the  retirement  board  may  deem  it  neces- 
sary and  at  least  once  within  the  first  three  years  of  the  operation 
of  this  article  and  each  quinquennial  period  thereafter,  the  retire- 
ment board  shall  have  prepared  by  a  competent  actuary  familiar 
with  retirement  systems,  a  report  showing  a  complete  valuation  of 
the  present  and  prospective  assets  and  liabilities  of  the  various 
funds  created  by  this  article  with  the  exception  of  the  expense  fund. 
The  actuary  shall  make  an  investigation  of  the  mortality  and  service 
experience  of  the  members  of  the  retirement  system  and  shall  report 
fully  upon  its  conditions  with  such  recommendations  as  he  shall 
deem  advisable  for  the  information  of  the  retirement  board  in  the 
proper  operation  of  the  retirement  system. 


EDUCATION    LAW  301 

(6)  The  records  of  the  retirement  board  shall  be  open  to  public 
inspection. 

(7)  The  retirement  board  shall  publish  annually  a  report  showing 
the  condition  of  the  various  funds  created  by  this  article,  certifying 
to  the  accumulated  cash  and  securities  of  the  funds  and  giving  an 
account  of  the  operation  of  the  system. 

§  1108  Statements  of  teachers'  service;  determination  of  ser- 
vice creditable;  service  certificates.  (1)  Under  such  rules  and 
regulations  as  the  retirement  board  shall  adopt,  each  present  teacher 
shall  file  a  detailed  statement  of  all  service  as  a  teacher  and  service 
in  a  similar  capacity  in  other  states  rendered  by  him  prior  to  the 
first  day  of  August,  nineteen  hundred  and  twenty-one,  for  which 
he  claims  credit,  and  of  such  other  facts  as  the  retirement  board 
may  require  for  the  proper  operation  of  the  retirement  system. 

(2)  Each  new  entrant  shall  file  a  detailed  statement  of  service 
as  a  teacher  and  service  in  a  similar  capacity  in  other  states  rendered 
by  him  prior  to  so  becoming  a  member  together  with  a  statement 
as  to  the  number  of  years  on  account  of  which  he  desires  to  con- 
tribute and  as  to  such  other  facts  as  the  retirement  board  may 
require  for  the  proper  operation  of  the  system. 

(3)  The  retirement  board  shall  fix  and  determine  by  appropriate 
rules  and  regulations  how  much  service  in  any  year  is  the  equivalent 
of  a  year  of  service,  but  in  computing  such  service  or  in  computing 
average  compensation,  it  shall  credit  no  period  of  more  than  a 
month's  duration,  during  which  a  member  was  absent  without  pay, 
nor  shall  more  than  one  year  of  service  be  credited  for  all  service  in 
any  calendar  year. 

(4)  Subject  to  the  above  restrictions  and  to  such  other  rules  and 
regulations  as  the  retirement  board  shall  adopt,  said  board  shall 
verify  as  soon  as  practicable  the  statement  of  service  submitted. 

(5)  Upon  verification  of  the  statement  of  service  submitted,  the 
retirement  board  shall  issue  to  the  member  a  prior  service  certificate 
certifying  to  the  aggregate  length  of  such  prior  service  as  a  teacher 
and  to  the  aggregate  length  of  such  service  in  a  similar  capacity 
outside  of  the  State.  In  such  prior  service  certificate,  a  present 
teacher  shall  be  credited  up  the  nearest  number  of  years  and  months 
with  all  service  as  a  teacher  prior  to  August  first,  nineteen  hundred 
and  twenty-one,  and  with  all  service  not  exceeding  ten  years  in  a 
similar  capacity  in  other  states.  In  such  prior  service  certificate, 
a  new  entrant  shall  be  credited  in  full  up  to  the  nearest  number  of 
years  and  months  with  all  service  as  a  teacher  not  exceeding  ten 
years,  rendered  before  becoming  a  member  and  with  such  service 


302  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

in  a  similar  capacity  outside  of  New  York  State  for  which  he  desires 
to  contribute  provided  the  amount  of  such  service  credited  together 
with  the  service  credited  him  as  a  teacher  shall  not  exceed  ten  years. 

(6)  So  long  as  membership  continues,  a  prior  service  certificate 
shall  be  final  and  conclusive  for  retirement  purposes  as  to  such 
service  unless  thereafter  modified  by  the  retirement  board  upon 
application  made  by  the  member  within  one  year  after  the  date. of 
issuance  or  modification  of  a  prior  service  certificate  or  upon  the 
discovery  by  the  retirement  board  of  an  error  or  fraud.  When 
membership  ceases,  such  certificate  shall  be  void.  Should  member- 
ship be  resumed  by  the  teacher,  such  teacher  shall  enter  the  system 
as  a  new  entrant,  except  as  provided  by  subdivision  five  of  section 
eleven  hundred  and  nine-a  of  this  article. 

(7)  At  retirement,  the  total  state  service  credited  a  member  shall 
consist  of  the  service  as  a  teacher  rendered  by  him  since  he  last 
became  a  member,  and,  if  he  has  a  prior  service  certificate  which  is 
in  full  force  and  efifect,  the  service  as  a  teacher  certified  on  such 
certificate.  The  total  service  credited  a  member  shall  consist  of 
the  service  rendered  by  him  as  a  teacher  since  he  last  became  a 
member  and  if  he  has  a  prior  service  certificate  which  is  in  full 
force  and  effect  for  all  service  certified  on  such  certificate. 

§  1109  Superannuation  retirement.  (1)  Retirement  upon  a 
superannuation  allowance  shall  be  made  under  the  following 
conditions : 

(a)  A  member  who  has  completed  twenty-five  years  of  total 
state  service  and  who  has  attained  the  age  of  sixty,  or  a  member 
who  has  completed  thirty-five  years  of  total  service  may  retire  from 
service  if  he  files  with  the  retirement  board  a  statement  duly  attested 
setting  forth  at  what  date  subsequent  to  the  execution  and  filing 
thereof  he  desires  such  retirement  and  if  during  the  year  immedi- 
ately preceding  the  filing  of  such  statement  he  shall  have  been  a 
teacher.  The  retirement  board  shall  retire  said  member  as  of  the 
date  so  specified  by  the  member  or  as  of  such  other  time  within 
thirty  days  thereafter  as  the  retirement  board  may  find  advisable. 

(b)  Any  member  who  has  attained  age  seventy  may  be  retired 
at  his  own  request  or  at  the  request  of  his  employer  if  he  or  his 
employer  files  with  the  retirement  board  a  statement  duly  attested! 
setting  forth  at  what  time  subsequent  to  the  execution  and  filing 
thereof  retirement  is  desired,  and  if  during  the  year  immediately 
preceding  the  filing  of  such  statement  he  shall  have  been  a  teacher. 
The  retirement  board  shall  retire  said  member  as  of  the  date  so 


EDUCATION    LAW  303 

Specified  or  as  of  such  other  time  within  thirty  days  thereafter  as 
the  retirement  board  may  find  advisable. 

(2)  Upon  superannuation  retirement  a  member  shall  receive  a 
superannuation  retirement  allowance  which  shall  consist  of : 

(a)  An  annuity  which  shall  be  the  actuarial  equivalent  of  his 
accumulated  contributions  at  the  time  of  his  retirement,  and 

(b)  A  pension  of  one-quarter  (1/4)  of  his  final  average  salary 
or  if  his  total  service  is  less  than  twenty-five  years,  a  pension  of 
one  one-hundredth  (1/100)  of  his  final  average  salary  multiplied 
by  the  number  of  years  of  total  service,  and 

(c)  If  the  member  be  a  present  teacher,  a  further  pension  of 
one  one-hundred  and  fortieth  (1/140)  of  his  final  average  salary 
multiplied  by  the  number  of  years  of  total  service  certified  on  his 
prior  service  certificate,  and 

(d)  A  further  pension,  of  such  amount  as  shall  be  required  to 
bring  the  total  retirement  allowance  of  members  with  twenty-five 
or  more  years  of  state  service  up  to  four  hundred  dollars  per  annum. 

§  1109-a  Disability  retirement.  (1)  Retirement  on  account  of 
disability  shall  be  made  under  the  following  conditions:  A  member 
who  has  completed  at  least  fifteen  years  of  total  state  service  may 
be  retired  on  account  of  disability  either  upon  the  application  of 
his  employer  or  upon  his  own  application  or  that  of  a  person  acting 
in  his  behalf,  if  during  the  year  immediately  preceding  his  appli- 
cation, he  shall  have  been  in  the  service  of  the  State  as  a  teacher 
and  if  the  retirement  board,  after  a  medical  examination  of  said 
member,  made  at  the  place  of  his  residence  within  the  State  or 
other  place  mutually  agreed  upon,  by  a  physician  or  physicians 
designated  by  said  board  shall  determine  upon  the  basis  of  a  report 
submitted  by  said  physician  or  physicians  that  the  said  member  is 
physically  or  mentally  incapacitated  for  the  performance  of  duty 
and  that  said  member  ought  to  be  retired. 

(2)  On  retirement  for  disabihty,  a  member  shall  receive  a  super- 
annuation retirement  allowance  if  his  state  service  is  twenty-five 
or  more  years  and  he  has  attained  age  sixty  or  if  his  total  service 
is  thirty-five  or  more  years;  otherwise,  he  shall  receive  a  disability 
retirement  allowance  which  shall  consist  of : 

(a)  An  annuity  which  shall  be  the  actuarial  equivalent  of  his 
accumulated  contributions  at  the  time  of  his  retirement ;  and 

(b)  A  pension  of  one-fifth  (1/5)  of  his  final  average  salary^ 
with  the  exception  that  in  no  case  shall  the  rate  of  such  pension 
exceed  four-fifths  (4/5)  of  the  rate  of  pension  to  which  he  might 
have  been  entitled  had  retirement  been  deferred  until  the  age  of 


304  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

seventy  as  provided  under  paragraph  ^  of  subdivision  one  of  section 
eleven  hundred  and  nine;  and 

(c)  If  he  be  a  present  teacher,  a  further  pension  of  one  one- 
hundred  and  fortieth  (1/140)  of  his  final  average  salary  multi- 
plied by  the  number  of  years  of  total  service  certified  on  his  prior 
service  certificate. 

(3)  Once  each  year  during  the  first  five  years  following  the 
retirement  of  the  teacher  on  a  disability  allowance  the  retirement 
board  may,  and  upon  his  application  shall,  require  any  disability 
beneficiary  to  "undergo  medical  examination  by  a  physician  or 
physicians  designated  by  the  retirement  board,  said  examination 
to  be  made  at  the  place  of  residence  of  said  beneficiary  or  other 
place  mutually  agreed  upon.  Should  any  disability  beneficiary 
refuse  to  submit  to  a  medical  examination,  his  retirement  allowance 
shall  be  discontinued  until  his  withdrawal  of  such  refusal,  and 
should  such  refusal  continue  for  one  year,  all  his  rights  in  and  to 
his  pension  shall  be  forfeited. 

(4)  Should  the  physician  or  physicians  designated  by  the  retire- 
ment board  report  and  certify  to  the  retirement  board  that  such 
disability  beneficiary  is  engaged  in  or  is  able  to  engage  in  a  gainful 
occupation  paying  more  than  the  difference  between  his  retirement 
allowance  and  his  final  average  salary,  and  should  the  retirement 
board  concur  in  such  report,  then  the  amount  of  his  pension  shall 
be  reduced  to  an  amount  which,  when  added  to  the  amount  earnable 
by  him,  together  with  his  annuity  shall  equal  the  amount  of  his 
final  average  salary.  Should  his  earning  capacity  be  later  changed, 
then  the  amount  of  his  pension  may  be  further  altered;  provided, 
that  the  new  pension  shall  not  exceed  the  amount  of  the  pension 
originally  granted  nor  an  amount  which  when  added  to  the  amount 
earned  by  the  beneficiary,  together  with  his  annuity  equals  the 
amount  of  his  final  average  salary.  A  beneficiary  restored  to  active 
service  at  a  salary  less  than  the  final  average  salary  or  upon  the 
basis  of  which  he  was  retired  shall  not  become  a  member  of  the 
retirement  system  while  receiving  a  reduced  pension. 

(5)  Should  a  disability  beneficiary  be  restored  to  active  service 
at  a  salary  as  great  as  his  final  average  salary,  his  retirement  allow- 
ance shall  cease,  and  he  shall  again  become  a  member  of  the  retire- 
ment system,  and  his  annuity  reserve  shall  be  transferred  from  the 
annuity  reserve  fund  to  the  annuity  savings  fund  and  credited  to 
his  individual  account  as  a  part  of  his  accumulated  contributions 
in  the  latter  fund,  and  he  shall  contribute  to  the  said  fund  thereafter 
in  the  same  manner  and  at  the  same  rate  as  he  paid  prior  to  his 


EDUCATION    LAW  305 

disability.  His  prior  service  certificate  on  the  basis  of  which  his 
service  was  computed  at  the  time  of  his  retirement  shall  be  renewed 
and  shall  again  be  in  full  force  and  effect,  and  in  addition,  upon 
his  subsequent  retirement,  he  shall  be  credited  with  all  his  service 
as  a  member  subsequent  to  the  period  covered  by  his  prior  service 
certificate. 

§  1109-b  Withdrawral  and  death  benefits.  Benefits  upon  with- 
drawal and  death  shall  be  payable  as  follows  : 

(a)  A  member  who  withdraws  from  service  or  ceased  to  be  a 
teacher  for  any  cause  other  than  death  or  retirement  shall  be 
paid  on  demand  the  accumulated  contributions  standing  to  the  credit 
of  his  individual  account  in  the  annuity  savings  fund.    • 

(b)  Should  a  contributor  die  before  retirement,  his  accumulated 
contributions  shall  be  paid  to  his  estate  or  to  such  person  as  he  shall 
have  nominated  by  written  designation  duly  executed  and  filed  with 
the  retirement  board. 

§  1109-c  Optional  allowances.  At  the  time  of  his  retirement, 
any  member  may  elect  to  receive  his  benefits  in  a  retirement  allow- 
ance payable  throughout  life  or  he  may  on  retirement  elect  to 
receive  the  actuarial  equivalent  at  that  time  of  his  retirement  allow- 
ance in  a  lesser  retirement  allowance,  payable  throughout  life  with 
the  provision  that: 

Option  1.  If  he  die  before  he  has  received  in  payments  the  present 
value  of  his  retirement  allowance  as  it  was  at  the  time  of  his  retire- 
ment, the  balance  shall  be  paid  to  his  legal  representatives  or  to 
such  person  as  he  shall  nominate  by  written  designation  duly 
acknowledged  and  filed  with  the  retirement  board. 

Option  2.  Upon  his  death,  his  retirement  allowance  shall  tje  con- 
tinued through  the  life  of  and  paid  to  such  person  as  he  shall 
nominate  by  written  designation  duly  acknowledged  and  filed  with 
the  retirement  board  at  the  time  of  his  retirement. 

Option  3.  Upon  his  death,  one-half  of  his  retirement  allowance 
shall  be  continued  throughout  the  life  of  and  paid  to  such  person 
as  he  shall  nominate  by  written  designation  duly  acknowledged  and 
filed  with  the  retirement  board  at  the  time  of  his  retirement. 

Option  4.  Some  other  benefit  or  benefits  shall  be  paid  either  to 
the  member  or  to  such  person  or  persons  as  he  shall  nominate 
provided  such  other  benefit  or  benefits,  together  with  the  lesser 
retirement  allowance,  shall  be  certified  by  the  actuary  to  be  of 
equivalent  actuarial  value  to  his  retirement  allowance  and  shall  be 
approved  by  the  retirement  board. 


306  THE   UNIVERSITY   OF   THE   STATE   OF    NEW   YORK 

§  1109-d  Benefits  to  participants  in  old  retirement  fund.     All 

annuities  of  annuitants  on  the  rolls  of  the  retirement  fund  on  the 
thirty-first  day  of  July,  nineteen  hundred  and  twenty-one,  shall  be 
paid  thereafter  from  the  pension  accumulation  fund  created  by  this 
article.  The  amount  of  the  annuity  of  any  annuitant  on  the  rolls 
of  such  retirement  fund,  at  such  time,  who  retired  on  a  full  annuity 
shall  be  not  less  than  one-half  of  his  final  average  salary,  and  not 
less  than  four  hundred  dollars  per  annum;  nor  shall  the  allowance 
of  any  annuitant  on  such  roll  retired  for  disability  be  less  than  a 
proportionate  amount  of  such  minima  based  on  the  annuitant's  years 
of  service. 

§  1109-e  Funds  enumerated.     The  funds  created  are : 

(a)  the  annuity  savings  fund. 

(b)  the  annuity  reserve  fund. 

(c)  the  pension  accumulation  fund. 

(d)  the  pension  reserve  fund,  and 

(e)  the  expense  fund. 

§  1109-f  Annuity  savings  fund;  contributions  and  payments. 
The  annuity  savings  fund  shall  be  the  fund  in  which  shall  be 
accumulated  the  deductions  made  from  the  compensation  of  con- 
tributors. Contributions  to  and  payments  from  the  annuity  savings 
fund  shall  be  made  in  the  following  manner : 

(1)  Each  employer  shall  deduct  from  the  compensation  of  each 
contributor  on  each  and  every  payroll  of  such  contributor  for  each 
and  every  payroll  period  subsequent  to  the  date  upon  which  such 
contributor  became  a  member  an  amount  equal  to  four  per  centum 
of  such  contributor's  earnable  compensation.  But  no  employer  shall 
make  any  deduction  for  annuity  purposes  from  the  compensation  of 
a  member  who  has  completed  at  least  thirty-five  years  of  total 
service,  or  who  has  attained  the  age  of  sixty  and  completed  at  least 
twenty-five  years  of  total  state  service,  if  such  member  elects  not 
to  contribute. 

(2)  In  determining  the  amount  earnable  by  a  contributor  in  a 
payroll  period,  the  retirement  board  may  consider  the  rate  of  com- 
pensation payable  to  such  member  on  the  first  day  of  the  payroll 
period  as  continuing  throughout  such  payroll  period,  and  it  may 
omit  deductions  from  compensation  for  any  period  less  than  a  full 
payroll  period  if  a  teacher  was  not  a  contributor  on  the  first  day 
of  the  payroll  period,  and  to  facilitate  the  making  of  deductions, 
it  may  modify  the  deduction  required  of  any  contributor  by  such 
an  amount  as  shall  not  exceed  one-tenth  of  one  per  centum  of  the 
compensation  upon  the  basis  of  which  said  deduction  is  to  be  made. 


EDUCATION    LAW  307 

(3)  In  addition  to  the  deductions  from  compensation  herein- 
before required,  any  contributor  may  redeposit  in  the  annuity  savings 
fund  by  a  single  payment  an  amount  equal  to  the  total  amount 
which  he  withdrew  therefrom  as  provided  in  this  article,  or  he  may 
deposit  therein  by  a  single  payment  an  amount  computed  to  be 
sufficient,  together  with  the  retirement  allowance  otherwise  pro- 
vided, to  provide  for  him  a  total  retirement  allowance  of  one-half 
of  his  final  average  salary  upon  superannuation  retirement.  Such 
additional  amounts  so  deposited  shall  become  a  part  of  his  accumu- 
lated contributions. 

(4)  The  accumulated  contributions  of  a  contributor  returned  to 
him  upon  his  withdrawal  or  paid  to  his  estate  or  designated  bene- 
ficiary in  the  event  of  his  death  as  provided  in  this  article  shall  be 
paid  from  the  annuity  savings  fund. 

(5)  Upon  the  retirement  of  a  contributor  his  accumulated  con- 
tributions shall  be  transferred  from  the  annuity  savings  fund  to  the 
annuity  reserve  fund. 

§  1109-g  Annuity  reserve  fund;  pension  accumulation  fund. 
(1)  The  annuity  reserve  fund  shall  be  the  fund  from  which  shall 
be  paid  all  annuities  and  all  benefits  in  lieu  of  annuities. 

(2)  The  pension  accumulation  fund  shall  be  the  fund  in  which 
shall  be  accumulated  all  reserves  for  the  payment  of  all  benefits 
with  the  exception  of  the  annuities  provided  by  the  accumulated 
contributions  of  members.  Contributions  to  and  payments  from 
the  pension  accumulation  fund  shall  be  made  as  follows: 

(a)  On  account  of  each  teacher  who  is  a  member  of  the  retire- 
ment system  there  shall  be  paid  annually  beginning  with  the  first 
day  of  August,  nineteen  hundred  and  twenty-one,  into  the  pension 
accumulation  fund  by  employers,  a  certain  percentage  of  the  earn- 
able  compensation  of  each  of  such  members  of  the  retirement  sys- 
tem to  be  known  as  the  "  normal  contribution  "  and  a  further  per- 
centage known  as  the  "  deficiency  contribution."  The  rates  per 
centum  of  such  contributions  shall  be  fixed  on  the  basis  of  the  liabili- 
ties of  the  retirement  system  as  shown  by  actuarial  valuations. 
Until  the  first  valuation,  the  normal  contribution  shall  be  two  and 
six-tenths  per  centum  of  the  members'  salaries  and  the  deficiency 
contribution  shall  be  two  and  five-tenths  per  centum  of  members' 
salaries. 

(b)  On  the  basis  of  regular  interest  and  of  such  mortality  and 
other  tables  as  shall  be  adopted  by  the  retirement  board,  the  actuary 
engaged  by  the  retirement  board  to  make  each  valuation  required 
by  this  article  during  the  period  over  which  the  deficiency  contribu- 


308  THE    UNIVfeRSITY   OF   THE    STATE   OF    NEW    YORK 

tion  is  payable,  immediately  after  making  such  valuation,  shall 
determine  the  uniform  and  constant  percentage  of  the  earnable  com- 
pensation of  the  average  new  entrant,  who  is  a  contributor,  which 
if  contributed  on  the  basis  of  the  compensation  of  such  contributor 
throughout  his  entire  period  of  active  service,  would  be  sufficient 
to  provide  at  the  time  of  his  retirement  the  total  amount  of  his 
pension  reserve.  The  rate  per  centum  so  determined  shall  be  known 
as  the  "  normal  contribution  "  rate.  After  the  deficiency  contribu- 
tion has  ceased  to  be  payable,  the  normal  contribution  shall  be  the 
rate  per  centum  of  the  earnable  salary  of  all  contributors  obtained 
by  deducting  from  the  total  liabilities  of  the  pension  fund  the 
amount  of  the  funds  in  hand  to  the  credit  of  that  fund  and  dividing 
the  remainder  by  one  per  centum  of  the  present  value  of  the 
prospective  future  salaries  of  all  contributors  as  computed  on  the 
basis  of  the  mortality  and  service  tables  adopted  by  the  retirement 
board  and  on  the  basis  of  regular  interest.  The  normal  rate  of 
contribution  shall  be  determined  by  the  actuary  after  each  valuation 
and  shall  continue  in  force  until  a  new  valuation  and  certification. 

(c)  Immediately  succeeding  the  first  valuation  made  subsequent 
to  August  first,  nineteen  hundred  and  twenty-two,  the  actuary 
engaged  by  the  retirement  board  shall  compute  the  rate  per  centum 
of  the  total  compensation  of  all  contributors  during  the  preceding 
school  year  which  is  equivalent  to  four  per  centum  of  the  amount  of 
the  total  pension  liability  on  account  of  all  contributors  and  bene- 
ficiaries not  dischargeable  by  the  aforesaid  normal  contribution  made 
on  account  of  such  contributors  during  the  remainder  of  their  active 
service.  The  contribution  derived  by  deductions  at  the  rate  per 
centum,  so  determined  or  at  a  rate  increased  therefrom  as  hereinafter 
provided  shall  be  known  as  the  "  deficiency  contribution." 

(d)  The  total  amount  payable  annually  by  all  employers  into  the 
pension  accumulation  fund  shall  be  certified  by  the  retirement  board 
to  the  Commissioner  of  Education  and  such  amount  shall  equal  the 
sum  of  the  rates  per  centum  known  as  the  normal  contribution  rate 
and  the  deficiency  contribution  rate  of  the  total  compensation  earnable 
by  all  contributors  during  the  preceding  school  year,  provided  that 
the  amount  of  each  annual  deficiency  contribution  shall  be  at  least 
three  per  centum  greater  than  the  preceding  annual  payment.  The 
aggregate  of  all  such  payments  by  employers  shall  be  sufficient,  when 
combined  with  the  amounts  in  the  pension  accumulation  fund,  to 
provide  the  pensions  payable  out  of  the  fund  during  the  year  then 
current,  and  if  not,  the  additional  amount  so  required  shall  be  col- 
lected by  means  of  an  increased  contribution  which  shall  continue 


EDUCATION    LAW  309 

in  force  for  the  period  of  one  year,  anything  to  the  contrary  not- 
withstanding. 

(e)  The  deficiency  contribution  shall  be  discontinued  as  soon  as 
the  accumulated  reserve  in  the  pension  accumulation  fund  shall  equal 
the  present  value,  as  actuarially  computed  and  approved  by  the 
retirement  board,  of  the  total  liability  of  such  fund  less  the  present 
value,  computed  on  the  basis  of  the  normal  contribution  rate  then  in 
force,  of  the  normal  contributions  to  be  received  on  account  of 
teachers  who  are  at  that  time  contributors. 

(/)  All  pensions  with  the  exception  of  those  payable  to  new 
entrants  shall  be  paid  from  the  pension  accumulation  fund  and 
benefits  provided  under  section  eleven  hundred  and  nine-d  shall  be 
paid  from  the  pension  accumulation  fund. 

(g)  All  moneys  and  securities  to  the  credit  of  the  retirement  fund 
on  the  first  day  of  August,  nineteen  hundred  and  twenty-one,  shall  be 
paid  by  the  state  treasurer  into  the  pension  accumulation  fund. 

(h)  Upon  the  retirement  of  a  new  entrant,  an  amount  equal  to 
his  pension  reserve  shall  be  transferred  from  the  pension  accumula- 
tion fund  to  the  pension  reserve  fund. 

§  1109-h  Pension  reserve  fund.  The  pension  reserve  fund 
shall  be  the  fund  from  which  shall  be  paid  the  pensions  to  new 
entrants  on  account  of  which  reserves  shall  be  transferred  from  the 
pension  accumulation  fund.  Should  any  disability  pension  payable 
from  said  fund  be  canceled,  the  pension  reserve  thereon  shall  there- 
upon be  transferred  from  the  pension  reserve  fund  to  the  pension 
accumulation  fund.  Should  the  pension  of  a  disability  beneficiary 
be  reduced  as  a  result  of  an  increase  in  his  earning  capacity,  the 
amount  of  the  annual  reduction  in  his  pension  shall  be  paid  annually 
into  the  pension  accumulation  fund  during  the  period  of  such 
reduction. 

§  1109-i  Expense  fund.  The  expense  fund  shall  be  the  fund 
from  which  the  expense  of  the  administration  of  the  retirement 
system  shall  be  paid  exclusive  of  amounts  payable  as  retirement 
allowances  and  as  other  benefits  provided  herein.  Contributions  shall 
be  made  to  the  expense  fund  as  follows : 

(a)  The  retirement  board  shall  determine  annually  the  amount 
required  to  defray  such  expense  in  the  ensuing  fiscal  year  and  shall 
certify  such  amount  to  the  Commissioner  of  Education  who  shall 
apportion  to  each  employer  a  proportionate  part  thereof  as  provided 
under  subdivision  (2)  of  section  eleven  hundred  and  nine-^.  Each 
employer  shall  make  payment  for  the  amount  so  apportioned  to  him 


310  THE    UNIVERSITY   OF    THE   STATE   OF    NEW    YORK 

in  the  same  way  as  he  shall  make  other  payments  provided  for  by 
this  article. 

(b)  The  sum  of  thirty  thousand  dollars  is  hereby  appropriated 
from  the  moneys  in  the  retirement  fund  for  the  expense  of  estab- 
lishing, organizing  and  starting  the  operation  of  the  retirement 
system  and  of  establishing  an  office  therefor.  The  sum  shall  be 
credited  to  the  expense  fund. 

§  1109-j  Duties  of  employer. 

(1)  Each  employer  shall  keep  such  records  and  from  time  to  time 
shall  furnish  such  information  as  the  retirement  board  in  the  dis- 
charge of  its  duties  may  require. 

(2)  Upon  the  employment  of  any  teacher  to  whom  this  article 
may  apply,  he  shall  be  informed  by  his  employer  of  his  duties  and 
obligations  in  connection  with  the  retirement  system  as  a  condition 
of  his  employment.  Every  teacher  accepting  employment  shall  be 
deemed  to  consent  and  agree  to  any  deductions  from  his  compensa- 
tion required  herein  and  to  all  other  provisions  of  this  article. 

(3)  Notwithstanding  any  other  law,  rule  or  regulation  affecting 
the  salary,  pay,  compensation,  other  prerequisites  or  tenure  of  any 
teacher  to  whom  this  article  applies,  or  shall  apply,  and  notwith- 
standing that  the  minimum  salary,  pay,  compensation  or  other  pre- 
requisites, provided  by  law  for  such  teacher  shall  be  reduced  thereby, 
payment  less  said  deductions  shall  be  a  full  and  complete  discharge 
and  acquittance  of  all  claims  and  demands  whatsoever  for  service 
rendered  by  such  member  during  the  period  covered  by  such  payment. 

(4)  During  September  of  each  year,  or  at  such  other  time  as 
the  retirement  board  shall  approve,  each  employer  shall  certify  to 
the  retirement  board  the  names  of  all  teachers  to  whom  this  act 
applies. 

(5)  Each  employer  shall  on  the  first  day  of  each  calendar  month 
or  at  such  less  frequent  intervals  as  the  retirement  board  may 
approve,  notify  the  retirement  board  of  the  employment  of  new 
teachers,  removals,  withdrawals  and  changes  in  salary  of  members 
that  shall  have  occurred  during  the  month  preceding  or  the  period 
covered  since  the  last  notification. 

§  1109-k  Collection  of  contributions. 

(1)  The  collection  of  members'  contributions  shall  be  as  follows: 
(a)  Each  employer  shall  cause  to  be  deducted  on  each  and  every 
payroll  of  a  contributor  for  each  and  every  payroll  period  subse- 
quent to  the  first  day  of  August,  nineteen  hundred  and  twenty-one, 
the  contribution  payable  by  such  contributor  as  provided  in  this 
article.    Each  employer  shall  certify  to  the  treasurer  of  said  employer 


EDUCATION   LAW  311 

on  each  and  every  payroll  a  statement  as  voucher  for  the  amounts 
so  deducted. 

(b)  The  treasurer  of  each  employer  on  receipt  from  the  employer 
of  the  voucher  for  deductions  from  the  salaries  of  teachers  as  pro- 
vided in  this  article  shall  transmit  monthly  or  at  such  times  as  the 
retirement  board  shall  designate  the  amount  specified  in  such  voucher 
to  the  secretary  of  the  retirement  board.  The  secretary  of  the 
retirement  board  after  making  record  of  all  such  receipts  shall 
transmit  them  to  the  Treasurer  of  the  State  of  New  York  for  use 
according  to  the  provisions  of  this  article. 

But  nothing  in  this  section  shall  prevent  the  retirement  board  from 
modifying  the  method  of  collecting  the  contribution  of  members  so 
that  employers  may  retain  the  amounts  so  deducted  and  have  a  cor- 
responding amount  deducted  from  the  appropriation  for  the  support 
of  common  schools  otherwise  payable  to  them. 

(2)  The  collection  of  employers'  contributions  shall  be  made  as 
follows : 

(a)  Upon  the  basis  of  each  actuarial  determination  and  appraisal 
provided  herein,  the  retirement  board  shall  annually  prepare  and 
certify  to  the  Commissioner  of  Education  a  statement  of  the  total 
amount  necessary  to  be  paid  by  all  employers  for  the  ensuing  fiscal 
year  to  the  pension  accumulation  and  expense  funds  as  provided 
under  subdivision  two  of  section  eleven  hundred  and  nine-^  of  this 
article. 

(b)  The  Commissioner  of  Education  shall  include  in  the  certificate 
which  he  files  with  the  State  Comptroller  showing  the  amount  of 
state  funds  apportioned  to  each  county  for  the  support  of  common 
schools,  a  statement  showing  the  amount  to  be  contributed  by  each 
employer  in  each  of  such  counties  as  required  under  this  article. 
The  amount  to  be  contributed  by  each  employer,  except  those  who 
contribute  under  the  provisions  of  subdivision  four  of  section  eleven 
hundred  and  nine-/,  shall  be  an  amount  equal  to  the  normal  and 
deficiency  contribution  on  account  of  the  compensation  or  salaries 
paid  by  such  employer  during  the  preceding  school  year. 

(c)  The  Comptroller  shall  issue  his  warrant  to  the  State  Treas- 
urer directing  such  treasurer  to  credit  to  the  pension  accumulation 
fund  and  expense  fund  respectively,  from  the  appropriation  for  the 
support  of  common  schools  the  amounts  required  to  be  made  as  con- 
tributions to  such  funds  by  the  employers  as  shown  by  the  certificate 
of  the  Commissioner  of  Education  filed  with  him  as  directed  in  para- 
graph (b)  oi  this  subdivision. 


312  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

(d)  The  Comptroller  in  issuing  his  warrant  to  the  State  Treas- 
urer for  payment  to  each  county  of  that  portion  of  the  moneys  appor- 
tioned for  the  support  of  common  schools  and  payable  on  or  before 
March  first  of  each  year,  shall  deduct  therefrom  an  amount  equal  to 
the  amount  required  to  be  contributed  by  employers  of  such  county, 
as  shown  by  the  certificate  of  the  Commissioner  of  Education  of  this 
State  filed  with  the  Comptroller  as  required  by  paragraph  (b)  of 
this  subdivision. 

(e)  In  order  to  meet  the  financial  requirements  of  this  article, 
employers  who  obtain  funds  directly  by  taxation  are  hereby  author- 
ized and  directed  to  levy  annually  such  additional  taxes  as  are  required 
to  provide  the  funds  deducted  from  the  amounts  apportioned  to  such 
employers  from  the  appropriation  of  the  State  for  the  support  of 
the  common  schools. 

§  1109-1  Discontinuance  of  local  district  pension  systems. 
Should  the  members  of  a  local  district  pension  system  merge  with 
the  retirement  system  as  provided  under  subdivision  four  of  section 
eleven  hundred  and  two  of  this  article,  such  local  district  pension 
system  shall  be  discontinued  as  follows : 

(1)  The  retirement  board  created  by  this  article  shall  employ  an 
actuary  to  value  the  assets  to  be  received  and  liabilities  to  be  incurred 
by  the  retirement  system  hereby  created  in  the  event  of  such  merger. 
The  actuary  so  employed  shall  be  an  actuary  also  approved  by  the 
employer  in  whose  district  the  local  district  pension  system  is  operated, 
and  the  expense  of  the  valuation  shall  be  paid  by  such  employer. 

(2)  The  actuary  shall  compute  the  present  value  of  the  total  lia- 
bilities to  be  assumed  by  the  retirement  system  on  account  of  teachers 
in  service  in  the  local  district  pension  system  and  on  account  of  pen- 
sioners on  the  rolls  of  such  local  district  pension  system.  He  shall 
also  compute  the  present  value  of  the  prospective  amount  to  be  re- 
ceived by  reason  of  the  payment  of  the  normal  contributions  by  the 
employer  as  provided  under  paragraph  (b)  of  subdivision  two  of 
section  eleven  hundred  and  nine-^  of  this  article,  on  behalf  of  the 
active  teachers  of  such  local  system  in  the  event  of  the  contemplated 
merger.  From  the  present  value  of  such  total  liability,  the  actuary 
shall  deduct  the  present  value  of  the  normal  contributions.  From 
the  amount  remaining,  the  actuary  shall  deduct  the  present  value  of 
all  moneys  and  securities  of  such  system,  and  the  remainder,  if  any, 
shall  be  known  as  the  "  accrued  liability." 

(3)  The  actuary  shall  then  determine  the  amount  of  a  local 
deficiency  contribution  which,  payable  annually  without  regard  to 
the  payroll  of  contributors  and  increasing  by  three  per  centum  of 


EDUCATION    LAW  313 

itself  each  year,  until  the  year  in  which  the  deficiency  contribution 
as  provided  under  paragraph  (c)  of  subdivision  two  of  section  eleven 
hundred  and  nine-^  of  this  article,  payable  by  other  employers  who 
had  no  local  district  pension  system,  may  be  expected  to  be  discon- 
tinued, shall  have  a  present  value  equal  to  this  accrued  liability. 

(4)  The  increasing  contributions  as  determined  by  the  actuary 
shall  be  paid  by  such  employer  on  account  of  the  contributors  in  his 
service  instead  of  the  deficiency  contribution  computed  as  otherwise 
provided  in  this  article,  anything  to  the  contrary  therein  notwith- 
standing. Such  employer  shall  contribute  by  means  of  a  deduction 
from  the  school  moneys  apportioned  to  him,  the  amount  of  this 
deficiency  contribution  together  with  the  amount  of  the  normal 
contribution  on  account  of  the  contributors  in  his  employ  and  the 
amount  of  his  proportionate  share  of  the  contribution  required  for 
the  expense  fund  until  the  deficiency  contribution  on  account  of  all 
employers  shall  cease  to  be  payable.  Thereafter,  his  contribution 
shall  be  made  on  the  same  basis  as  are  contributions  of  all  other 
employers. 

(5)  In  the  event  of  merger,  the  moneys  and  securities  to  the  credit 
of  the  local  district  pension  system  not  exceeding  an  aggregate  amount 
equal  to  the  total  liability  to  be  assumed  by  the  retirement  system 
on  account  of  such  local  district  pension  system  in  excess  of  the 
normal  contributions,  shall  be  transferred  to  the  pension  accumula- 
tion fund  and  the  pensions  then  payable  by  the  local  district  pension 
system  shall  thereafter  be  paid  from  the  pension  accumulation  fund. 
The  pensions  of  the  active  members  of  the  local  district  pension 
system  and  of  the  new  entrants  shall  thereafter  be  payable  as  are  the 
pensions  of  other  members  of  the  retirement  system.  The  amount 
of  the  excess,  if  any,  of  the  moneys  and  securities  of  the  local  district 
pension  system  over  and  above  such  total  liabilities  in  excess  of  the 
normal  contributions  shall  be  transferred  to  the  teachers'  annuity 
savings  fund  and  shall  be  credited  pro  rata  to  the  active  teachers  of 
such  local  district  pension  system  on  the  basis  of  the  amounts  of 
their  previous  contributions  to  the  local  district  pension  system,  pro- 
vided, however,  that  in  case  such  method  of  distribution  shall  not 
be  found  practicable  by  the  retirement  board,  the  board  may  use  such 
other  method  of  apportionment  as  may  seem  fair  and  equitable  to 
the  board.  The  amount  so  credited  in  any  case  shall  be  considered 
as  a  part  of  the  teachers'  accumulated  contributions. 

§  1109-m  Transfer  of  contributions  between  retirement 
systems.  (1)  Any  contributor,  withdrawing  from  the  retire- 
ment system  and  at  such  time  giving  notice  to  the  retirement  board 


314  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

of  his  intention  of  becoming  within  one  year  a  member  of  another 
teachers'  retirement  system  which  is  being  operated  on  an  actuarial 
basis  either  under  the  laws  of  this  State  or  under  the  laws  of  another 
state,  provided  in  the  latter  case  the  system  has  a  provision  similar 
to  this  provision  permitting  reciprocal  transfer,  may,  upon  depositing 
within  one  year  his  accumulated  contributions  in  such  other  retire- 
ment system,  apply  to  the  retirement  board  for  a  transfer  from  the 
pension  accumulation  fund  to  the  corresponding  fund  of  such  other 
retirement  system  of  the  amount  of  his  pension  reserve  as  of  the 
time  when  he  withdrew  his  contributions  from  the  annuity  savings 
fund,  and  the  retirement  board  shall  transfer  to  such  other  retire- 
ment system  the  amount  of  such  reserve,  provided  credit  for  a 
pension  benefit  of  equivalent  actuarial  value  to  the  amount  of  reserve 
transferred  shall  be  given  the  teacher  in  the  other  retirement  system 
and  that  the  retirement  board  is  satisfied  that  the  retirement  system 
to  which  said  transfer  is  made  is  on  a  solvent  basis. 

(2)  Any  contributor  entering  the  retirement  system  after  having 
withdrawn  from  another  retirement  system  and  having  given  notice 
at  the  time  of  withdrawal  to  the  retirement  board  of  such  system  of 
his  intention  of  becoming  within  one  year  a  member  of  the  retire- 
ment system  may  deposit  in  the  annuity  savings  fund  the  amount  of 
his  accumulated  contributions  withdrawn  from  such  other  retirement 
system.  Within  one  year  of  such  deposit,  the  pension  reserve  to  his 
credit  in  such  other  retirement  system,  if  such  other  retirement 
system  is  operated  upon  an  actuarial  basis  under  the  laws  of  this 
State,  shall  be  transferred,  and  if  such  other  system  is  operated  upon 
an  actuarial  basis  under  the  laws  of  another  state,  may  be  transferred 
to  the  pension  accumulation  fund.  Notwithstanding  anything  to  the 
contrary,  in  this  article,  such  contributor  shall  be  classified  in  this 
retirement  system  as  a  present  teacher  or  as  a  new  entrant  accord- 
ingly as  he  would  have  been  classified  had  the  service  rendered  in 
the  other  retirement  system  been  rendered  while  a  member  of  this 
retirement  system,  and  he  shall  be  given  a  prior  service  certificate 
showing  a  period  of  service  such  that  the  liability  incurred  by  the 
retirement  system  on  his  account  by  reason  of  prior  service  shall  be 
equal  in  amount  to  the  amount  of  the  reserve  so  transferred,  provided 
that  in  no  case  shall  such  a  contributor  who  is  classified  as  a  new 
entrant  be  given  less  credit  in  his  prior  service  certificate  than  he 
would  have  received  had  no  reserve  been  transferred  on  his  account. 

§  1109-n  State  supervision.  The  operation  of  the  retirement 
system  shall  be  subject  to  the  supervision  of  the  State  Department 
of  Insurance. 


EDUCATION    LAW  315 

§  1109-O  Exemption  from  taxation.  The  right  of  a  teacher 
to  a  pension,  an  annuity,  or  a  retirement  allowance,  to  the  return  of 
contributions,  any  benefit  or  right  accrued  or  accruing  to  any  person 
under  the  provisions  of  this  article,  and  the  moneys  in  the  various 
funds  created  hereunder,  are  hereby  exempt  from  any  state  or 
municipal  tax,  and  shall  not  be  subject  to  execution,  garnishment, 
attachment  or  any  other  process  whatsoever,  and  shall  be  unassigna- 
ble except  as  in  this  article  specifically  provided. 

§  1109-p  Protection  against  fraud.  Any  person  who  shall 
knowingly  make  any  false  statement,  or  shall  falsify  or  permit  to  be 
falsified  any  record  or  records  of  this  retirement  system  in  any 
attempt  to  defraud  such  system  as  a  result  of  such  act,  shall  be  guilty 
of  a  misdemeanor,  and  shall  be  punishable  therefor  under  the  laws 
of  the  State  of  New  York.  Should  any  change  or  error  in  records 
result  in  any  employee  or  beneficiary  receiving  from  the  retirement 
system  more  or  less  than  he  would  have  been  entitled  to  receive  had 
the  records  been  correct,  then,  on  the  discovery  of  any  such  error, 
the  retirement  board  shall  correct  such  error,  and,  as  far  as  prac- 
ticable, shall  adjust  the  payments  in  such  a  manner  that  the  actuarial 
equivalent  of  the  benefit  to  which  he  was  correctly  entitled  shall  be 
paid. 

ARTICLE  44 

Libraries 


Section  1110 

State  Library,  how  constituted 

1111 

State   medical   library 

1112 

Manuscript  and  records  "  on  file  " 

1113 

State  Library,  when  open;  use  of  books 

1114 

Duplicate  department 

1115 

Transfers  from  state  officers 

1116 

Other  libraries  owned  by  the  State 

1117 

Public  and  association  libraries  and  museums 

1118 

Establishment  of  a  public  library 

1118-a  Contracts 

1118-fe  County  libraries 

1119 

Acceptance  of  conditional  gift 

1120 

Subsidies 

1121 

Closing  of  museum;  admission  fee  during  certain  hours 

1122 

Library  taxes 

1123 

Trustees 

1124 

Incorporation 

1125 

Use  of  public  libraries 

1126 

Reports 

1127 

Injuries  to  property 

1128 

Detention 

316  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

Section  1129  Transfer  of   libraries 

1130  Local  neglect 

1131  Library  extension  service 

1132  Advice  and  instruction  from  State  Library  officers 

1133  Apportionment  of  money  for  grants  to  libraries 

1134  Abolition 

1135  Use  and  care  of  school  library 
1135-a  Librarians  of   school  libraries 

1136  Existing  rules  continued  in  force 

1137  Authority  to  raise  and  receive  money  for  school  library 

1138  Authority  to  transfer  school  library  property  to  a  free  library 

1139  Transfer  of  property  not  in  charge  of  librarian 

1140  Provision  for  change  to  free  public  library 

1141  Penalty  for  disobedience  to  library  law,  rules  or  orders 

§  1110  State  Library,  how  constituted.  All  books,  pamphlets, 
manuscripts,  records,  archives  and  maps,  and  all  other  property 
appropriate  to  a  general  Hbrary,  if  owned  by  the  State  and  not 
placed  in  other  custody  by  law,  shall  be  in  charge  of  the  Regents 
and  constitute  the  State  Library. 

§  1111  State  medical  library.  The  state  medical  library  shall 
be  a  part  of  the  New  York  State  Library  under  the  same  govern- 
ment and  regulations  and  shall  be  open  for  consultation  to  every 
citizen  of  the  State  at  all  hours  when  the  State  Library  is  open  and 
shall  be  available  for  borrowing  books  to  every  accredited  physician 
residing  in  the  State  of  New  York,  who  shall  conform  to  the  rules 
made  by  the  Regents  for  insuring  proper  protection  and  the  largest 
usefulness  to  the  people  of  the  said  medical  library. 

§  1112  Manuscript  and  records  "on  file."  Manuscript  or 
printed  papers  of  the  Legislature,  usually  termed  "  on  file,"  and 
which  shall  have  been  on  file  more  than  five  years  in  custody  of  the 
Senate  and  Assembly  clerks,  and  all  public  records  of  the  State 
not  placed  in  other  custody  by  a  specific  law  shall  be  part  of  the 
State  Library  and  shall  be  kept  in  rooms  assigned  and  suitably 
arranged  for  that  purpose  by  the  trustees  of  public  buildings.  The 
Regents  shall  cause  such  papers  and  records  to  be  so  classified  and 
arranged  that  they  can  be  easily  found.  No  paper  or  record  shall 
be  removed  from  such  files  except  on  a  resolution  of  the  Senate 
and  Assembly  withdrawing  them  for  a  temporary  purpose,  and  in 
case  of  such  removal  a  description  of  the  paper  or  record  and  the 
name  of  the  person  removing  the  same  shall  be  entered  in  a  book 
provided  for  that  purpose,  with  the  date  of  its  delivery  and  return. 

§  1113  State  Library,  when  open;  use  of  books.  The  State 
Library  shall  be  kept  open  not  less  than  eight  hours  every  week 


EDUCATION    LAW  317 

•day  in  the  year  except  the  legal  holidays  known  as  Independence 
day,  Thanksgiving  day  and  Christmas  day,  and  members  of  the 
Legislature,  judges  of  the  Court  of  Appeals,  justices  of  the  Supreme 
Court  and  heads  of  state  departments  may  borrow  from  the  Library 
books  for  use  in  Albany,  but  shall  be  subject  to  such  restrictions 
and  penalties  as  may  be  prescribed  by  the  Regents  for  the  safety 
or  greater  usefulness  of  the  Library.  Under  such  rules  and  condi- 
tions as  the  Regents  may  prescribe  the  State  Library  may  lend  its 
books  and  printed  material  for  a  limited  time  to  other  individuals 
and  institutions  conforming  to  said  rules  and  conditions.  Such 
service  shall  be  free  to  residents  of  this  State  as  far  as  practicable 
but  the  Regents  may,  in  their  discretion,  charge  a  proper  fee  to 
nonresidents  or  for  assistance  of  a  personal  nature  or  for  other 
reason  not  properly  an  expense  to  the  State,  but  which  may  be 
authorized  for  the  accommodation  of  users  of  the  Library. 
[Amended  by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1114  Duplicate  department.  The  Regents  shall  have  charge 
of  the  preparation,  publication  and  distribution,  whether  by  sale, 
exchange  or  gift,  of  the  colonial  history,  natural  history  and  all 
other  state  publications  not  otherwise  assigned  by  law.  To  guard 
against  waste  or  destruction  of  state  publications,  and  to  provide 
for  the  completion  of  sets  to  be  permanently  preserved  in  American 
and  foreign  libraries,  the  Regents  shall  maintain  a  duplicate  depart- 
ment to  which  each  state  department,  bureau,  board  or  commission 
shall  send  not  less  than  five  copies  of  each  of  its  publications  when 
issued,  and  after  completing  its  distribution,  any  remaining  copies 
which  it  no  longer  requires.  The  above,  with  any  other  publications 
not  needed  in  the  State  Library,  shall  be  the  duplicate  department, 
and  rules  for  sale,  exchange  or  distribution  from  it  shall  be  fixed 
by  the  Regents,  who  shall  use  all  receipts  from  such  exchanges  or 
sales  for  expenses  and  for  increasing  the  State  Library. 

§  1115  Transfers  from  state  officers.  The  librarian  of  any 
library  owned  by  the  State,  or  the  officer  in  charge  of  any  state 
department,  bureau,  board,  commission  or  other  office  may,  with 
the  approval  of  the  Regents,  transfer  to  the  permanent  custody  of 
the  State  Library  or  Museum  any  books,  papers,  maps,  manuscripts, 
specimens  or  other  articles  which,  because  of  being  duplicates  or 
for  other  reasons,  will  in  his  judgment  be  more  useful  to  the  State 
in  the  State  Library  or  Museum  than  if  retained  in  his  keeping. 

§  1116  Other  libraries  owned  by  the  State.  The  report  of  the 
State  Library  to  the  Legislature  shall  include  a  statement  of  the 
total  number  of  volumes  or  pamphlets,  the  number  added  during 


318  THE   UNIVERSITY    OF    THE   STATE   OF    NEW    YORK 

the  year,  with  a  summary  of  operations  and  conditions,  and  any 
needed  recommendation  for  safety  or  usefulness  for  each  of  the 
other  Hbraries  owned  by  the  State,  the  custodian  of  which  shall 
furnish  such  information  or  facilities  for  inspection  as  the  Regents 
may  require  for  making  this  report.  Each  of  these  libraries  shall 
be  under  the  sole  control  now  provided  by  law,  but  for  the  annual 
report  of  the  total  number  of  books  owned  by  or  bought  each  year 
by  the  State,  it  shall  be  considered  as  a  branch  of  the  State  Library 
and  shall  be  entitled  to  any  facilities  for  exchange  of  duplicates, 
interlibrary  loans  or  other  privileges  properly  accorded  to  a  branch. 

§  1117  Public  and  association  libraries  and  museums.  1  All 
provisions  of  this  section  and  of  sections  1118  to  1134  inclusive 
shall  apply  equally  to  libraries,  museums,  and  to  combined  libraries 
and  museums,  and  the  word  "  library  "  shall  be  construed  to  mean 
reference  and  circulating  libraries  and  reading  rooms.  [Subdivision 
1  amended  by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

2  The  term  "  public "  library  as  used  in  this  chapter  shall  be 
construed  to  mean  a  library,  other  than  professional,  technical  or 
pubhc  school  library,  established  for  free  public  purposes  by  official 
action  of  a  municipality  or  district  or  the  legislature,  where  the 
whole  interests  belong  to  the  public ;  the  term  "  association  "  library 
shall  be  construed  to  mean  a  library  established  and  controlled,  in 
whole  or  in  part,  by  a  group  of  private  individuals  operating  as  an 
association,  corporation,  or  as  trustees  under  the  provisions  of  a 
will  or  a  deed  of  trust;  and  the  term  "  free  "  as  applied  to  a  library 
shall  be  construed  to  mean  a  library  maintained  for  the  benefit  and 
free  use  on  equal  terms  of  all  the  people  of  the  community  in  which 
the  library  is  located.  [Subdivision  2  added  by  L.  1921,  ch.  385 ; 
and  amended  by  L.  1922,  ch.  345,  in  effect  March  29,  1922.] 

§  1118  Establishment  of  a  public  library.  By  majority  vote 
at  any  election,  or  at  a  meeting  of  the  electors  duly  held,  any  county, 
city,  village,  town,  school  district  or  other  body  authorized  to  levy 
and  collect  taxes ;  or  by  vote  of  its  board  of  supervisors  any  county, 
or  by  vote  of  its  common  council  or  by  action  of  a  board  of  estimate 
and  apportionment  or  other  proper  authority  any  city,  or  by  vote 
of  its  board  of  trustees  any  village,  or  by  vote  of  its  town  board 
any  town,  or  any  combination  of  such  voting  bodies,  may  establish 
a  public  library  with  or  without  branches,  and  may  raise  money 
by  tax  to  equip  and  maintain  such  library  or  libraries  or  to  provide 
a  building  or  rooms  for  its  or  their  use;  and  any  such  municipality 
or  district  may  acquire  real  or  personal  property  for  library  pur- 
poses by  gift,  grant,  devise,  bequest  or  condemnation  and  may  take, 


EDUCATION    LAW  319 

buy,  sell,  hold  and  transfer  either  real  or  personal  property  and 
administer  the  same  for  public  library  purposes.  Whenever  twenty- 
five  taxpayers  shall  so  petition  the  question  of  providing  library 
facilities  shall  be  voted  on  at  the  next  election  or  meeting  at  which 
taxes  may  be  voted,  provided  that  due  public  notice  of  the  proposed 
action  shall  have  been  given.  [Amended  by  L.  1919,  ch.  298,  and 
L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1118-a  Contracts.  Any  authority  named  in  section  1118 
may  grant  money  for  the  support  of  free  association  libraries  pro- 
vided such  libraries  are  registered  by  the  Regents;  or  may  share 
the  cost  of  maintaining  a  public  library  or  libraries  as  agreed  with 
other  municipal  or  district  bodies ;  or  may  contract  with  the  trustees 
of  a  free  library  registered  by  the  Regents,  or  with  any  municipal 
or  district  body  having  control  of  such  a  library,  to  furnish  library 
privileges  to  the  people  of  the  municipality  or  district  for  whose 
benefit  the  contract  is  made,  under  such  terms  and  conditions  as 
may  be  stated  in  such  contract.  The  amount  agreed  to  be  paid  for 
such  privileges  under  such  contract  shall  be  a  charge  upon  the  munici- 
pality or  district  and  shall  be  paid  in  the  same  manner  as  other 
municipal  or  district  charges.  [Added  by  L.  1921,  ch.  385,  in  effect 
April  30,  1921.] 

§  1118-b  County  libraries.  By  majority  vote  of  any  election, 
or  by  vote  of  its  board  of  supervisors,  any  county  may  establish  a 
county  public  library  with  or  without  branches  and  may  levy  annu- 
ally and  cause  to  be  collected,  as  are  other  general  taxes,  a  tax  of 
not  more  than  one  mill  nor  less  than  one-third  of  a  mill  upon  each 
dollar  of  the  assessed  valuation  of  the  taxable  property  of  such 
county,  except  that  the  tax  shall  not  be  less  than  one-half  of  a  mill 
where  the  assessed  valuation  of  the  county  is  less  than  one  hundred 
million  dollars,  to  equip  and  maintain  such  library  and  branches  or 
to  provide  buildings  or  rooms  for  its  or  their  use;  provided,  how- 
ever, that  any  incorporated  city,  village,  town  or  school  district 
contributing  to  the  support  of  a  free  library  registered  by  the 
Regents,  by  annual  taxation  to  a  total  amount  equivalent  to  that 
which  would  be  raised  under  the  proposed  county  library  tax  in 
such  city,  village,  town  or  school  district,  or  which  is  receiving  such 
amount  annually  for  library  purposes  from  invested  funds  or  from 
a  combination  of  invested  funds  and  annual  taxation,  may,  by 
majority  vote  at  election  or  at  a  meeting  of  the  electors  duly  held, 
or  by  vote  of  its  common  council  any  city,  claim  exemption  from 
such  county  library  tax;  and  such  city,  village,  town  or  school  dis- 


320  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

trict  shall  not  participate  in  the  benefits  of  such  county  public  library 
unless  by  contract  as  provided  in  section  1118-a,  or  until  it  shall 
elect  to  be  included  in  the  county  tax  levy  for  such  county  public 
library  maintenance  and  shall  make  official  notification  of  such  action 
to  the  county  board  of  supervisors.  The  chief  administrative  office 
of  a  county  public  library  shall  be  located  in  the  county  seat  unless 
another  city  or  village  in  the  county  exceeds  such  county  seat  in 
population  by  more  than  twenty  per  centum  according  to  the  latest 
federal  census  or  state  enumeration  in  which  event  the  county 
library  shall  be  located  in  the  largest  city  or  village  of  such  county 
and  shall  not  thereafter  be  removed  to  another  city  or  village  by 
reason  of  a  change  in  population.  In  lieu  of  estahlishing  and  main- 
taining a  county  public  library  as  hereinbefore  provided  a  county 
may  enter  into  a  contract  for  library  service  with  any  free  library 
registered  by  the  Regents,  upon  such  terms  and  conditions  as  may 
be  agreed  upon,  and  the  amount  agreed  to  be  paid  for  such  privileges 
shall  be  a  binding  charge  on  the  county  and  shall  be  raised  in  the 
same  manner,  and  with  the  same  provisions  for  exemption,  as 
hereinbefore  provided  for  a  county  public  library.  Whenever 
twenty-five  taxpayers  shall  so  petition,  the  question  of  providing 
library  facilities  shall  be  voted  on  at  the  next  election  at  which 
taxes  may  be  voted,  provided  that  due  public  notice  of  the  proposed 
action  shall  have  been  given.  [Added  by  L.  1921,  ch.  385;  and 
amended  by  L.  1922,  ch.  345,  in  effect  March  29,  1922.] 

§  1119  Acceptance  of  conditional  gift.  By  majority  vote  at 
any  election  or  at  a  meeting  of  the  electors,  duly  held,  any  munici- 
pality or  district  or  by  three-fourths  vote  of  its  council  any  city, 
or  any  library  or  any  designated  branch  thereof  if  so  authorized 
by  such  vote  of  a  municipality,  district  or  council,  or  any  combina- 
tion of  such  voting  bodies,  may  accept  gifts,  grants,  devises  or 
bequests  for  Hbrary  purposes  or  for  kindred  affiliated  educational, 
social  and  civic  agencies  on  condition  that  a  specified  annual  appro- 
priation shall  thereafter  be  made  for  the  maintenance  of  a  library 
or  branches  thereof,  or  of  such  kindred  affiliated  agencies,  by  the 
municipality  or  district  or  combination  so  authorizing  such  accept- 
ance, or  upon  such  other  conditions  as  may  be  stipulated  in  the 
terms  of  the  gift.  Such  acceptance  when  approved  by  the  Regents 
of  the  University  under  seal  and  recorded  in  its  book  of  charters 
shall  be  a  binding  contract,  and  such  municipality  or  district  shall 
levy  and  collect  yearly  in  the  manner  prescribed  for  other  taxes 
the  amount  stipulated  and  shall  maintain  any  so  accepted  gift,  grant, 
devise  or  bequest  intact  and  make  good  any  impairment  thereof^ 


EDUCATION    LAW  321 

and  shall  comply  with  all  other  conditions  set  forth  in  the  stated 
terms  of  the  gift.  [Amended  by  L.  1919,  ch.  298,  and  L.  1921, 
ch.  385,  in  effect  April  30,  1921.] 

§  1130  Subsidies.  [Repealed  by  L.  1921,  ch.  385,  in  effect 
April  30,  1921.] 

§  1121  Closing  of  museum;  admission  fee  during  certain 
hours.  The  trustees  of  any  institution  supported  under  this 
chapter  by  public  money,  in  whole  or  in  part,  may,  so  far  as  con- 
sistent with  free  use  by  the  public  at  reasonable  or  specified  hours, 
close  any  of  its  museum  collections  at  certain  other  hours,  for  study, 
to  meet  the  demands  of  special  students  or  for  exhibition  purposes, 
and  may  charge  an  admission  fee  at  such  hours,  provided  that  all 
receipts  from  such  fees  shall  be  paid  into  the  treasury  and  b«  used 
for  the  maintenance  or  enlargement  of  the  institution. 

§  1122  Library  taxes.  Taxes,  in  addition  to  those  otherwise 
authorized,  may  be  voted  for  library  purposes  by  any  authority 
named  in  section  1118  and  shall,  unless  otherwise  directed  by  such 
vote,  be  considered  as  annual  appropriations  therefor  till  changed 
by  further  vote  and  shall  be  levied  and  collected  yearly,  or  as 
directed,  as  are  other  general  taxes;  provided,  however,  that  in  any 
municipality  or  district  in  which  the  assessed  valuation  of  the  tax- 
able property  is  one  million  dollars  or  less  the  rate  of  library  tax 
shall  not  exceed  two  mills  on  each  dollar;  that  in  any  municipality 
or  district  in  which  the  assessed  valuation  of  the  taxable  property 
is  more  than  one  million  dollars  and  less  than  two  million  dollars, 
the  rate  of  library  tax  shall  not  exceed  one  and  one-half  mills  on 
each  dollar ;  that  in  any  municipality  or  district  in  which  the  assessed 
valuation  of  the  taxable  property  is  two  million  dollars  or  over  the 
rate  of  library  tax  shall  not  exceed  one  mill  on  each  dollar.  All 
moneys  received  from  taxes  or  other  sources  for  library  purposes 
shall  be  kept  as  a  separate  library  fund  by  the  treasurer  of  the 
municipality  or  district  making  the  appropriation  and  shall  be 
expended  only  under  direction  of  the  library  trustees  on  properly 
authenticated  vouchers,  except  that  money  received  from  taxes  for 
the  support  of  a  free  association  library  shall  be  paid  over  to  the 
treasurer  of  the  official  body  maintaining  such  library  upon  the 
written  demand  of  its  directors  or  trustees.  [Amended  by  L.  1918, 
ch.  113,  and  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1123  Trustees.  1  Public  libraries  established  by  action  of 
the  voters  or  their  representatives  shall  be  managed  by  trustees 
who  shall  have  all  the  powers  of  trustees  of  other  educational  insti- 


322  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

tutions  of  the  university  as  defined  in  this  chapter;  provided  that 
the  number  of  trustees  shall  be  five;  that  in  cities  they  shall  be 
appointed  by  the  mayor  and  confirmed  by  the  common  council,  in 
counties  they  shall  be  appointed  by  the  county  board  of  supervisors, 
in  villages  they  shall  be  appointed  by  the  village  board  of  trustees, 
in  towns  they  shall  be  appointed  by  the  town  board,  and  in  school 
districts  they  shall  be  elected  by  the  legal  voters;  that  the  first 
trustees  shall  determine  by  lot  the  year  in  which  the  term  of  office 
of  each  trustee  shall  expire  and  that  a  new  trustee  shall  be  elected 
or  appointed  annually  to  serve  for  five  years.  The  charter  of  any 
public  library  granted  prior  to  April  thirtieth,  nineteen  hundred 
and  twenty-one,  which  provides  for  trustees,  their  terms  of  office 
and  mAhod  of  election  or  appointment  in  a  manner  differing  from 
that  hereinbefore  provided,  shall  remain  in  full  force  and  effect 
until  the  Regents,  upon  application  of  the  library  trustees,  shall 
amend  the  charter  to  conform  to  the  provisions  of  law  in  effect 
when  such  amendment  is  made.  [Subdivision  1  amended  by  L. 
1918,  ch.  113;  L.  1921,  ch.  385;  and  L.  1922,  chs.  113  in  effect 
March  11,  1922  and  345,  in  effect  March  29,  1922.] 

2  No  person  who  is  a  member  of  any  municipal  council  or  board 
authorized  by  this  section  to  appoint  public  library  trustees  in  any 
municipality  shall  be  eligible  for  the  office  of  such  public  library 
trustee  in  such  municipality.  [Subdivision  2  added  by  L.  1921, 
ch.  385,  in  effect  April  30,  1921.] 

3  Regular  meetings  of  a  board  of  public  library  trustees  shall 
be  held  at  least  quarterly,  and  such  board  shall  fix  the  day  and 
hour  for  holding  such  meetings.  [Subdivision  3  added  by  L.  1921, 
ch.  385,  in  effect  April  30,  1921.] 

§  1124  Incorporation.  Within  one  month  after  taking  office 
the  first  board  of  trustees  of  any  such  public  library  shall  apply  to 
the  Regents  for  a  charter  in  accordance  with  the  vote  establishing 
the  library.  [Amended  by  L.  1921,  ch.  385,  in  effect  April  30, 
1921.] 

§  1125  Use  of  public  libraries.  Every  library-  established 
under  section  1118  of  this  chapter  shall  be  forever  free  to  the 
inhabitants  of  the  municipality  or  district  which  establishes  it,  sub- 
ject always  to  rules  of  the  library  trustees  who  shall  have  authority 
to  exclude  any  person  who  wilfully  violates  such  rules;  and  the 
trustees  may,  under  such  conditions  as  they  think  expedient,  extend 
the  privileges  of  the  library  to  persons  living  outside  such  munici- 
pality or  district.  [Amended  by  L.  1921,  ch.  385,  in  effect  April  30, 
1921.] 


EDUCATION    LAW  323 

§  1126  Reports.  Every  museum  or  library,  other  than  a 
school  library,  which  enjoys  any  exemption  from  taxation  or  receives 
state  aid  or  other  privilege  not  usually  accorded  to  business  cor- 
porations shall  make  the  report  required  by  section  58  of  this  chapter, 
and  such  report  shall  reheve  the  institution  from  making  any  report 
now  required  by  statute  or  charter  to  be  made  to  the  Legislature 
or  to  any  department,  court  or  other  authority  of  the  State.  These 
reports  shall  be  summarized  and  transmitted  to  the  Legislature 
by  the  Regents  with  the  annual  reports  of  the  University. 
[Amended  by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1127  Injuries  to  property.  Whoever  intentionally  injures, 
defaces  or  destroys  any  property  belonging  to  or  deposited  in  any 
incorporated  library,  reading-room,  museum  or  other  educational 
institution,  shall  be  punished  by  imprisonment  in  a  state  prison  for 
not  more  than  three  years,  or  in  a  county  jail  for  not  more  than 
one  year,  or  by  a  fine  of  not  more  than  five  hundred  dollars,  or  by 
both  such  fine  and  imprisonment. 

§  1128  Detention.  Whoever  wilfully  detains  any  book,  news- 
paper, magazine,  pamphlet,  manuscript  or  other  property  belonging 
to  any  public  or  incorporated  library,  reading-room,  museum  or 
other  educational  institution,  for  thirty  days  after  notice  in  writing 
to  return  the  same,  given  after  the  expiration  of  the  time  which 
by  the  rules  of  such  institution,  such  article  or  other  property  may 
be  kept,  shall  be  punished  by  a  fine  of  not  less  than  one  nor  more 
than  twenty-five  dollars,  or  by  imprisonment  in  the  jail  not  exceeding 
six  months,  and  the  said  notice  shall  bear  on  its  face  a  copy  of  this 
section. 

§  1129  Transfer  of  libraries.  By  vote  similar  to  that  required 
by  section  1118  of  this  chapter  any  municipality  or  district  or  com- 
bination of  districts,  or  by  action  of  its  trustees  at  a  meeting  duly 
held  any  association  library,  incorporated  or  registered  by  the 
Regents  may,  when  such  vote  or  action  has  been  duly  approved  by 
the  Regents,  transfer,  conditionally  as  provided  in  section  1119  of 
this  chapter,  or  otherwise,  the  ownership  and  control  of  its  Hbrary 
with  all  its  property,  real  and  personal,  or  any  part  thereof,  to  any 
municipality,  or  district,  or  institution  providing  for  free  library 
service;  and  the  trustees  or  body  making  the  transfer  shall  there- 
after be  relieved  of  all  responsibility  pertaining  to  property  thus 
transferred.  [Amended  by  L.  1921,  ch.  385;  and  L.  1922,  ch.  345, 
in  effect  March  29,  1922.] 

§  1130  Local  neglect.  If  the  local  authorities  of  any  library 
supported  wholly  or  in  part  by  state  money  fail  to  provide  for  the 


324  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

support  of  such  library  and  the  pubHc  usefulness  of  its  books,  the 
Regents  shall  in  writing  notify  the  trustees  of  said  library  what  is 
necessary  to  meet  the  State's  requirements,  and  on  such  notice  all 
said  library's  rights  to  further  grants  of  money  or  books  from  the 
State  shall  be  suspended  until  the  Regents  certify  that  the  require- 
ments have  been  met;  and  if  said  trustees  shall  refuse  or  neglect 
to  comply  with  such  requirements  within  sixty  days  after  service  of 
such  notice,  the  Regents  may  remove  them  from  office  and  there- 
after all  books  and  other  library  property  wholly  or  in  part  paid 
for  from  state  moneys  shall  be  under  the  full  and  direct  control 
of  the  Regents  who,  as  shall  seem  best  for  public  interests,  may 
appoint  new  trustees  to  carry  on  the  library,  or  may  store  it,  or 
distribute  its  books  to  other  libraries.  [Amended  by  L.  1921,  ch. 
385,  in  effect  April  30,  1921.] 

§  1131  Library  extension  service.  By  such  means,  in  such 
manner  and  upon  such  conditions  as  the  Regents  may  prescribe 
they  shall  make  provision  for  a  library  extension  service  for  the 
promotion,  organization  and  supervision  of  free  libraries;  for  sup- 
plying information,  advice,  assistance  or  instruction  on  any  matter 
pertaining  to  library  methods  or  practice  or  to  the  establishment, 
equipment,  organization  or  administration  of  libraries,  for  the 
acquisition,  preparation  and  circulation  of  traveling  libraries  and 
other  educational  material;  for  aiding  and  encouraging  study  clubs; 
and  for  the  employment  of  all  suitable  efforts  to  bring  within  the 
reach  of  all  the  people  of  the  State,  and  awaken  their  desire  for, 
increased  opportunities  and  facilities  for  reading  and  study. 
[Amended  by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1132  Advice  and  instruction  from  State  Library  officers. 
[Repealed  by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1133  Apportionment  of  money  for  grants  to  libraries.  Such 
sum  as  shall  have  been  appropriated  by  the  Legislature  for  grants 
to  libraries  shall  be  paid  annually  by  the  treasurer,  on  the  warrant 
of  the  comptroller,  from  the  income  of  the  United  States  deposit 
fund,  according  to  an  apportionment  to  be  made  by  the  Regents 
for  the  benefit  of  free  libraries  in  accordance  with  Regents'  rules 
and  authenticated  by  their  seal ;  provided  that  none  of  such  sum 
shall  be  spent  for  books  except  those  approved  or  selected  and  fur- 
nished by  the  Regents;  that  from  such  sum  each  free  circulating 
library  complying  with  Regents'  requirements  shall  receive  an 
apportionment  of  one  hundred  dollars  annually  except  that  no 
library  shall  receive  an  amount  greater  than  that  provided  for  the 
same  purpose  from  local  sources;  that  for  any  part  of  the  appor- 


EDUCATION    LAW  325 

tionment  not  payable  directly  to  the  library  trustees  the  Regents 
shall  file  with  the  comptroller  proper  vouchers  showing  that  it  has 
been  spent  in  accordance  with  law  for  books  for  free  libraries  or 
for  proper  expenses  incurred  for  their  benefit;  and  that  books  paid 
for  by  the  State  shall  be  subject  to  return  to  the  Regents  whenever 
a  library  shall  neglect  or  refuse  to  conform  to  the  ordinances  under 
which  it  secured  them.  [Amended  by  L.  1921,  ch.  385;  mid  L. 
1922,  ch.  345,  in  effect  March  29,  1922,] 

§  1134  Abolition.  Any  library  established  by  public  vote  of 
any  municipality  or  district,  or  by  vote  of  the  common  council  of 
any  city,  or  by  vote  of  the  board  of  trustees  of  any  village,  or  by 
action  of  school  authorities,  or  under  section  1118  of  this  chapter, 
may  be  abolished  by  majority  vote  at  an  election,  or  at  a  meeting 
of  the  electors  duly  held,  provided  that  due  public  notice  of  the 
proposed  action  shall  have  been  given.  If  any  such  library  is  abol- 
ished its  property  shall  be  used  first  to  return  to  the  Regents,  for 
the  benefit  of  other  free  association  or  public  or  school  libraries  in 
that  locality,  the  equivalent  of  such  sums  as  it  may  have  received 
from  the  State  or  from  other  sources  as  gifts  for  public  use.  After 
such  return  any  remaining  property  may  be  used  as  directed  in  the 
vote  abolishing  the  library,  but  if  the  entire  library  property  does 
not  exceed  in  value  the  amount  of  such  gifts  it  may  be  transferred 
to  the  Regents  for  public  use,  and  the  trustees  shall  thereupon  be 
free  from  further  responsibility.  No  abolition  of  a  pubHc  Hbrary 
shall  be  lawful  till  the  Regents  grant  a  certificate  that  its  assets 
have  been  properly  distributed  and  its  abolition  completed  in  accord- 
ance with  law.  [Amended  by  L.  1921,  ch.  385,  in  effect  April  30, 
1921.] 

§  1135  Use  and  care  of  school  library.  The  school  library 
shall  be  a  part  of  the  school  equipment  and  shall  be  kept  in  the 
school  building  at  all  times.  Such  library  shall  be  devoted  to  the 
exclusive  use  of  the  school  except  as  otherwise  provided  by  the 
rules  of  the  Commissioner  of  Education  and  except  in  a  district 
where  there  is  no  free  hbrary,  in  which  case  such  school  hbrary 
shall  be  a  circulating  library  for  the  use  of  the  residents  of  the 
district. 

The  Commissioner  of  Education  shall  prescribe  rules  regulating 

1  The  purchase,  recording,  safekeeping  and  loaning  of  books  in 
school  libraries,  and  the  use  of  such  books  by  pupils  and  teachers 
in  the  public  schools. 

2  The  conditions  under  which  books  in  a  school  library  may  be 
used  by  the  public  in  a  district  in  which  a  free  library  is  situated. 


326  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

3  The  management  of  school  Hbraries  and  their  use  as  circulating 
libraries  by  the  residents  of  the  districts  in  which  they  are  situated. 

4  The  contents  and  submission  of  reports  of  school  librarians, 
teachers  and  other  school  authorities  as  to  school  libraries. 
[Amended  by  L.  1914,  ch.  51,  and  L.  1921,  ch.  285,  in  effect  April 
20,  1921.] 

§  1135-a  Librarians  of  school  libraries.  In  a  city  or  a  union 
free  school  district  maintaining  an  academic  department  or  high 
school  the  board  of  education  may  employ,  and  fix  the  compensation 
of,  a  person  to  act  as  school  librarian  who  may  be  engaged  for  all 
or  a  part  of  the  time  in  performance  of  the  duties  of  the  position 
as  may  be  directed  by  the  said  board.  The  person  so  employed 
may  be  the  librarian  of  the  free  library.  If  possessed  of  the  quali- 
fications prescribed  by  the  Commissioner  of  Education  a  teacher's 
quota  shall  be  apportioned  to  such  city  or  union  free  school  district 
on  account  of  the  employment  of  such  librarian.  In  all  other  dis- 
tricts the  trustees  or  board  of  education  may  appoint  a  competent 
person  to  act  as  librarian.  In  case  of  a  failure  of  a  city  or  union 
free  school  district  maintaining  an  academic  department  or  high 
school  to  employ  a  librarian  as  above  provided,  the  teacher  of 
English  in  such  school  shall  be  the  librarian.  In  case  of  a  failure 
to  appoint  a  librarian  in  any  other  district  the  teacher,  or  if  there 
be  more  than  one  teacher  the  principal  teacher,  shall  act  as  librarian. 
The  trustees  or  board  of  education  shall  report  to  the  Commissioner 
of  Education  the  name  and  address  of  the  person  employed  or 
appointed  as  librarian.  [Added  by  L.  1914,  ch.  51,  and  amended 
by  L.  1921,  ch.  285,  in  effect  April  20,  1921.] 

§  1136  Existing  rules  continued  in  force.  All  existing  pro- 
visions of  law  and  rules  established  by  the  Commissioner  of  Educa- 
tion for  the  management  of  public  school  libraries  shall  hold  good 
as  to  the  management  of  such  school  libraries  till  altered  by  or  in 
pursuance  of  law.  [Amended  by  L.  1921,  ch.  285,  in  effect  April 
20,  1921.] 

§  1137  Authority  to  raise  and  receive  money  for  school  library. 
Each  city  and  school  district  in  the  State  is  hereby  authorized  to 
raise  moneys  by  tax  in  the  same  manner  as  other  school  moneys  are 
raised,  or  to  receive  moneys  by  gift  or  devise,  for  starting,  extending 
or  caring  for  the  school  library. 

§  1138  Authority  to  transfer  school  library  property  to  a  free 
library.  The  board  of  education  in  any  city  or  union  free  school 
district  or  the  electors  of  any  other  district,  by  legal  vote  duly 
approved  by  the  Regents  may  give  to  any  free  library  any  of  the 


EDUCATION    LAW  327 

books  or  other  public  school  library  property  not  required  in  such 
school  library,  provided  such  free  library  is  registered  by  the 
Regents  and  situated  in  such  city  or  district;  and  the  school  authori- 
ties or  body  making  the  transfer  shall  thereafter  be  relieved  of  all 
responsibility  pertaining  to  the  property  so  transferred.  [Amended 
by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1139  Transfer  of  property  not  in  charge  of  librarian. 
[Repealed  by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1140  Provision  for  change  to  free  public  library.  [Repealed 
by  L.  1921,  ch.  385,  in  effect  April  30,  1921.] 

§  1141  Penalty  for  disobedience  to  library  law,  rules  or  orders. 
The  Commissioner  of  Education  is  hereby  authorized  to  withhold 
its  share  of  public  school  moneys  from  any  city  or  district  which 
uses  school  library  moneys  for  any  other  purpose  than  that  for 
which  they  are  provided,  or  for  any  wilful  neglect  or  disobedience 
of   the  law  or   the  rules  or   orders  of   said   Commissioner   in  the 


premises. 


ARTICLE  45-a 
Court  Libraries 

[Text  of  article  omitted.] 


ARTICLE  45-A 

[Added  by  L.  1912,  ch.  319,  and  amended  by  L.  1919,  ch.  266] 
State  Institute  of  Applied  Agriculture  on  Long  Island 

[Text  of  article  omitted.] 


ARTICLE  46 

[Article  added  by  L.  1913,  ch.  424] 
Divisions  of  History  and  Public  Records 

[Text  of  article  omitted.] 


ARTICLE  46 

[Added  by  L.  1913,  ch.  676] 
The  New  York-American  Veterinary  College 

[Text  of  article  omitted.] 


1  So  in  original. 


328  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

ARTICLE  47 

[Inserted  by  L.  1920,  ch,  760,  in  effect  May  13,  1920] 

Rehabilitation 

Section  1200  Short  title 

1201  Definitions 

1202  Limitation  of  article 

1203  State  advisory  commission  for  the  rehabilitation  of  handicapped 

persons 

1204  Power  of  commission 

1205  Duty  of  the  industrial  commission 

1206  Duty  of  department  of  health 

1207  Application  for  rehabilitation 

1208  Duty  of  the  department  of  education 

1209  Gifts  and  donations 

1210  Acceptance  of  law  of  the  United  States 

§  1200  Short  title.  This  article  shall  be  known  and  may  be 
cited  as  "  The  Rehabilitation  Law." 

§   1201   Definitions.      As  used  in  this  article  the  terms: 

1  "  Physically  handicapped  person  "  shall  mean  any  person  who, 
by  reason  of  a  physical  defect  or  infirmity,  whether  congenital  or 
acquired  by  accident,  injury  or  disease,  is  or  may  be  expected  to 
be  totally  or  partially  incapacitated  for  remunerative  occupation. 

2  "  Rehabilitation  "  shall  mean  the  rendering  of  a  person  physi- 
cally handicapped  fit  to  engage  in  a  remunerative  occupation. 

3  "  Residing  in  the  State  of  New  York  "  shall  mean  any  citizen 
of  the  United  States  or  any  person  who  has  declared  his  intention 
of  becoming  a  citizen  who  is  and  has  been  domiciled  within  the 
State  for  one  year  or  more. 

4  "  Commission "  shall  mean  the  advisory  commission  for  the 
rehabilitation  of  physically  handicapped  persons. 

§   1202  Limitation  of  article.      This  article  shall  not  apply  to: 

1  Aged  or  helpless  persons  requiring  permanent  custodial  care, 
or  blind  persons  under  the  care  of  the  State  Commission  for  the 
Blind;  or 

2  Any  person  in  any  state  institution  or  confined  in  any  correc- 
tional or  penal  institution;  or 

3  Epileptic  or  feeble-minded  persons  or  to  any  person  who  in 
the  judgment  of  the  Commissioner  of  Education,  may  not  be  sus- 
ceptible of  rehabilitation;  or 

4  Persons  of  the  age  of  fourteen  years  and  under. 

§  1203  State  advisory  commission  for  the  rehabilitation  of 
handicapped  persons.  There  is  hereby  created  an  advisory  com- 
mission for  the  rehabilitation  of  physically  handicapped  persons,  to 


EDUCATION    LAW  329 

be  composed  of  the  Commissioner  of  Education,  who  shall  be  chair- 
man, of  a  member  of  the  State  Industrial  Commission  to  be  desig- 
nated annually  by  the  Governor,  and  of  the  Commissioner  of 
Health.  Any  member  of  the  commission  may  designate  an  officer 
in  his  department  to  represent  him  on  the  commission  and  the  acts 
of  such  officer  shall  be  deemed  to  be  the  acts  of  the  person  who 
designated  him.  The  Commissioner  of  Education  shall  designate 
the  officer  of  the  Department  of  Education  charged  with  the  admin- 
istration of  this  act  to  act  as  secretary  to  the  commission. 

§  1204  Power  of  commission.  The  commission  shall  have 
power : 

1  To  prepare  a  plan  for  cooperation  between  the  Industrial  Com- 
mission and  the  Department  of  Education  which  shall  be  submitted 
to  the  Industrial  Commission  and  to  the  Board  of  Regents  of  the 
University. 

2  To  arrange  any  differences  that  may  arise  between  depart- 
ments charged  with  any  duties  under  this  act; 

3  To  arrange  for  such  therapeutic  treatment  as  may  be  necessary 
for  the  rehabilitation  of  any  physically  handicapped  persons  who 
have  registered  with  the  Department  of  Education,  except  persons 
who  are  entitled  to  such  treatment  under  the  workmen's  com- 
pensation law. 

4  To  provide  maintenance  cost  during  actual  training  for  physi- 
cally handicapped  persons  registered  for  rehabilitation,  except 
persons  entitled  to  maintenance  under  the  workmen's  compensation 
law;  provided,  that  when  the  payment  of  maintenance  costs  is 
authorized  by  the  commission,  it  shall  not  exceed  ten  dollars  per 
week,  and  the  period  during  which  it  is  paid  shall  not  exceed 
twenty  weeks,  unless  an  extension  of  time  is  granted  by  unanimous 
vote  of  the  commission. 

5  To  arrange  for  cooperation  between  the  bureau  of  employment 
of  the  Department  of  Labor  and  the  Department  of  Education  in 
securing  employment  for  handicapped  persons  to  the  end  that  dupli- 
cation be  avoided. 

6  To  make  all  necessary  rules  and  regulations  for  the  purpose  of 
carrying  out  this  article  which  affect  more  than  one  department 

§  1205  Duty  of  the  industrial  commission.  The  Industrial 
Commission  shall : 

1  Report  to  the  Department  of  Education  all  reports  made  to  it 
of  cases  of  injuries  received  by  employees  which  may  result  in 
rendering  the  person,  in  the  judgment  of  the  Industrial  Commission, 
in  need  of  rehabilitation. 


330  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

2  Cooperate  with  the  Department  of  Education  in  carrying  out 
this  article. 

§  1206  Duty  of  Department  of  Health.  The  Department  of 
Health  shall: 

1  Arrange^  with  all  public  private  hospitals,  clinics,  and  dispen- 
saries and  with  practising  physicians  to  send  to  the  Department  of 
Education  prompt  and  complete  reports  of  any  persons  under  treat- 
ment in  such  hospitals,  clinics,  or  dispensaries,  or  by  such  physicians, 
for  any  injury  or  disease  that  may  render  them  physically 
handicapped. 

2  Arrange  with  health  officers  to  send  to  the  Department  of 
Education  prompt  and  complete  reports  to  any  persons  who  in  the 
course  of  their  official  duties  they  find  to  be  suffering  from  any 
injury  or  disease  that  may  render  them  physically  handicapped,  if 
such  persons  have  not  already  been  reported. 

3  Make  physical  examinations  of  any  persons  applying  for  or 
reported  as  needing  rehabilitation,  except  persons  reported  by  th6 
Industrial  Commission. 

§  1207  Application  for  rehabilitation.  Any  physically  handi- 
capped persons  residing  within  the  State  may  apply  to  the  Depart- 
ment of  Education  for  advice  and  assistance  regarding  his 
rehabilitation. 

§  1208  Duty  of  the  Department  of  Education.  It  shall  be  the 
duty  of  the  Department  of  Education: 

1  To  provide  that  all  persons  reported  to  it  or  making  applica- 
tion to  it  as  physically  handicapped  shall  be  promptly  visited  by 
its  representative  who  shall  report  upon  their  condition  to  the 
Department,  which  shall  then  determine  whether  the  person  is  sus- 
ceptible of  rehabilitation.  Any  person  found  susceptible  shall  be 
acquainted  with  the  rehabilitation  facilities  offered  by  the  State  and 
the  benefits  of  entering  upon  remunerative  work  at  an  early  date. 
Any  person  who  chooses  to  take  advantage  of  the  rehabilitation 
facilities  shall  be  registered  with  the  Department  and  a  record  kept 
of  every  such  person  and  the  measures  taken  for  his  rehabilitation. 
The  Education  Department  shall  proffer  to  any  such  person  counsel 
regarding  the  selection  of  a  suitable  vocation  and  an  appropriate 
course  of  training,  and  shall  initiate  definite  plans  for  beginning 
rehabilitation  as  soon  as  the  physical  condition  of  the  person 
permits. 

2  To  arrange  for  special  training  courses  in  the  public  schools 
in  the  State,  in  selected  occupations  for  physically  handicapped 
persons. 


EDUCATION    LAW  331 

3  To  arrange  with  any  private  or  commercial  educational  insti- 
tution for  training  courses  in  selected  occupations  for  physically 
handicapped  persons. 

4  To  arrange  with  any  public  or  private  establishment  or  any 
employer  for  training  courses  in  selected  occupations  of  physically 
handicapped  persons. 

5  To  arrange  for  social  service  for  the  visiting  of  physically 
handicapped  persons  and  of  their  famihes  in  their  homes  during 
the  period  of  treatment  and  training  and  after  its  completion,  to 
give  advice  regarding  any  matter  that  may  affect  rehabilitation. 

6  To  aid  physically  handicapped  persons  in  securing  such  employ- 
ment as  will  facilitate  their  training  or  will  be  suitable  to  their 
condition. 

7  To  procure  and  furnish  at  cost  to  physically  handicapped  per- 
sons artificial  Hmbs  and  other  orthopedic  and  prosthetic  appliances, 
to  be  paid  for  in  instalments,  when  such  appliances  can  not  be  other- 
wise provided.  The  proceeds  of  the  sale  thereof  shall  be  paid  to 
the  Treasurer  of  the  State  and  shall  be  held  by  him  in  a  special 
fund  for  the  purposes  of  this  subdivision.  Payments  from  this 
fund  shall  be  made  at  the  direction  of  the  Commissioner  of 
Education. 

8  To  make  surveys  with  the  cooperation  of  the  Industrial  Com- 
mission and  the  Department  of  Health,  to  ascertain  the  number  and 
conditions  of  physically  handicapped  persons  within  the  State. 

9  To  make  such  studies  as  may  be  helpful  for  the  operation  of 
this  act. 

10  To  cooperate  with  any  department  of  the  government  of  the 
State  of  New  York  or  with  any  county  or  other  municipal  authori- 
ties within  the  State,  or  with  any  private  agency,  in  the  operation 
of  this  act. 

§  1209  Gifts  and  donations.  The  Dpartment  is  authorized 
to  receive  gifts  and  donations  for  the  purpose  of  this  article  which 
may  be  offered  unconditionally.  All  money  received  as  gifts  or 
donations  shall  be  paid  to  the  State  Treasurer  and  shall  constitute 
a  special  fund  to  be  used  under  the  direction  of  the  Department 
for  the  purpose  of  this  act.  A  full  report  of  all  such  gifts  and 
donations,  together  with  the  names  of  the  donors,  the  amounts  con- 
tributed by  each  and  all  disbursements  therefrom  shall  be  submitted 
annually  to  the  Legislature  as  part  of  the  report  of  the  Department. 

§  1210  Acceptance  of  law  of  the  United  States.  The  State  of 
New  York,  through  its  legislative  authority: 


332  THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 

1  Accepts  the  provisions  of  any  law  of  the  United  States  making 
appropriation  to  be  apportioned  among  the  states  for  vocational 
rehabilitation  of  disabled  persons ; 

2  Empowers  and  directs  the  Board  of  Regents  of  the  University, 
hereby  designated  the  New  York  State  board  for  vocational  educa- 
tion, to  cooperate  with  such  agency  as  the  federal  government  shall 
designate  to  carry  out  the  purposes  of  such  law ; 

3  Appoints  the  State  Treasurer  as  custodian  of  all  money  given 
to  the  State  by  the  United  States  under  the  authority  of  such  law, 
and  such  money  shall  be  paid  out  in  the  manner  provided  by  such 
act  for  the  purposes  therein  specified; 

4  Authorizes  the  Board  of  Regents  of  the  University  as  the  state 
board  for  vocational  education  and  the  Industrial  Commission  to 
formulate  a  plan  of  cooperation  in  accordance  with  this  act,  which 
shall  be  efifective  when  approved  by  the  Governor  of  the  State. 
[Added  by  L.  1920,  ch.  760,  in  effect  May  13,  1920.  The  sum  of 
$75,000  zvas  appropriated  by  the  Legislature  to  carry  out  the  pro- 
visions of  this  article.] 

ARTICLE  48 

[Former   article   46    (§§   1190-92)    was   renumbered   article   47    (§§   1200-2), 
by  L.  1913,  chs.  424  and  676;  and  again  renumbered  article  48  (§§  1250- 
1252),  by  L.  1920,  ch.  760.] 
Laws  Repealed;  Saving  Clause;  When  to  Take  Effect 

Section  1250  Laws  repealed 

1251  Saving  clause 

1252  When  to  take  effect 

§  1250  Laws  repealed.  Of  the  laws  enumerated  in  the 
schedule  hereto  annexed,  that  portion  specified  in  the  last  column  is 
hereby  repealed.  [Section  renumbered  by  L.  1913,  ch.  424,  also 
erroneously  renumbered  by  L.  1913,  ch.  676.] 

§  1251  Saving  clause.  Nothing  herein  contained  shall  be 
construed  to  impair  or  in  any  manner  afifect  or  change  any  special 
law  touching  the  schools  or  school  system  of  any  city  or  incorporated 
village  unless  the  same  is  so  stated.  [Section  renumbered  by  L. 
1913,  ch.  424,  also  erroneously  renumbered  by  L.  1913,  ch.  676.] 

§  1252  When  to  take  effect.  This  chapter  shall  take  effect 
immediately.  [Section  renumbered  by  L.  1913,  ch.  424,  also  errone- 
ously renumbered  by  L.  1913,  ch.  676.] 

[Schedule  of  laws  repealed  omitted.'] 


EDUCATION    LAW  333 

APPENDIX 

PENAL  PROVISIONS  RELATING  TO  SCHOOLS  AND  SCHOOL 

OFFICERS 

Penal  Law  (L.  1909,  ch.  88) 

§  246  Use  of  force  not  unlawful  in  certain  cases.  To  use  or  attempt, 
or  offer  to  use,  force  or  violence  upon  or  toward  the  person  of  another  is  not 
unlawful  in  the  following  cases  : 

4  When  committed  by  a  parent  or  the  authorized  agent  of  any  parent,  or 
by  any  guardian,  master,  or  teacher,  in  the  exercise  of  a  lawful  authority 
to  restrain  or  correct  his  child,  ward,  apprentice  or  scholar,  and  the  force 
or  violence  used  is  reasonable  in  manner  and  moderate  in  degree. 

§  405  Unlawfully  entering  building.  A  person  who,  under  circum- 
stances or  in  a  manner  not  amounting  to  a  burglary,  enters  a  building,  or 
any  part  thereof,  with  intent  to  commit  a  felony  or  a  larceny,  or  any  malicious 
mischief,  is  guilty  of  a  misdemeanor. 

§  889  Forgery  in  third  degree.  A  person  who,  with  intent  to  defraud 
or  to  conceal  any  larceny  or  misappropriation  by  any  person  of  any  money 
or  property: 

1  Alters,  erases,  obliterates,  or  destroys  an  account,  book  of  accounts, 
record,  or  writing,  belonging  to,  or  appertaining  to  the  business  of,  a  cor- 
poration, association,  public  office  or  officer,  partnership,  or  individual ;  or, 

2  Makes  a  false  entry  in  any  such  account  or  book  of  accounts ;  or, 

3  Wilfully  omits  to  make  true  entry  of  any  material  particular  in  any  such 
account  or  book  of  accounts,  made,  written,  or  kept  by  him  or  under  his 
direction. 

Is  guilty  of   forgery  in  the  third  degree. 

§  1470  Disturbing  lawful  meetings.  A  person,  who,  without  authority 
of  law,  wilfully  disturbs  any  assembly  or  meeting,  not  unlawful  in  its  char- 
acter,  is  guilty  of  a  misdemeanor. 

§  1824  Attempting  to  prevent  officers  from  performing  duty.  A  person 
who  attempts,  by  means  of  any  threat  or  violence,  to  deter  or  prevent  an 
executive  officer  from  performing  any  duty  imposed  upon  such  officer  by  law, 
is  guilty  of  a  misdemeanor. 

§  1825  Resisting  officer.  A  person  who  knowingly  resists  by  the  use 
of  force  or  violence,  any  executive  officer,  in  the  performance  of  his  duty, 
is   guilty   of   a  misdemeanor. 

§  1836  Officer  refusing  to  surrender  to  successor.  A  person  who,  hav- 
ing been  an  executive  or  administrative  officer,  wrongfully  refuses  to  sur- 
render the  official  seal,  or  any  books  or  papers  appertaining  to  his  office, 
upon  the  demand  of  his  lawful  successor,  is  guilty  of  a  misdemeanor. 

§  1837  Administrative  officers.  The  various  provisions  of  the  preceding 
sections  of  this  article  which  relate  to  executive  officers  apply  to  adminis- 
trative officers,  in  the  same  manner  as  if  administrative  and  executive  officers 
were   both   mentioned. 

§  1838  Injury  to  records  and  misappropriation  by  ministerial  officers. 
A  sheriff,  coroner,  clerk  of  a  court,  constable  or  other  ministerial  officer, 
and  every  deputy  or  subordinate  of  any  ministerial  officer,  who : 


334  THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 

1  Mutilates,  destroys,  conceals,  erases,  obliterates  or  falsifies  any  record 
or   paper   appertaining   to   his    office ;    or, 

2  Fraudulently  appropriates  to  his  own  use  or  to  the  use  of  another  person, 
or  secretes  with  intent  to  appropriate  to  such  use,  any  money,  evidence  of 
debt  or  other  property  intrusted  to  him  in  virtue  of  his  office. 

Is  guilty  of   felony. 

§  1841  Provision  as  to  neglect  of  duty.  A  public  officer,  or  person 
holding  a  public  trust  or  employment,  upon  whom  any  duty  is  enjoined  by 
law,  who  wilfully  neglects  to  perform  the  duty,  is  guilty  of  a  disdemeanor. 
This  and  section  1840  do  not  apply  to  cases  of  official  acts  or  omissions  the 
prevention  or  punishment  of  which  is  otherwise  specially  provided  by  statute. 

§  1865  Misappropriation  and  falsification  of  accounts  by  public  officers. 
A  public  officer,  or  deputy,  or  clerk  of  any  such  officer,  and  any  other  person 
receiving  money  on  behalf  of,  or  for  account  of  the  people  of  this  State, 
or  of  any  department  of  the  government  of  this  State,  or  of  any  bureau  or 
fimd  created  by  law,  and  in  which  the  people  of  this  State  are  directly  or 
indirectly  interested,  or  for  or  on  account  of  any  city,  county,  village  or 
town,  who: 

1  Appropriates  to  his  own  use,  or  to  the  use  of  any  person  not  entitled 
thereto,  without  authority  of  law,  any  money  so  received  by  him  as  such 
officer,    clerk    or    deputy,    or    otherwise;    or, 

2  Knowingly  keeps  any  false  account,  or  makes  any  false  entry  or  erasure 
in  any  account  of,  or  relating  to,  any  money  so  received  by  him,  or, 

3  Fraudulently  alters,  falsifies,  conceals,  destroys  or  obliterates  any  such 
account;  or, 

4  Wilfully  omits  or  refuses  to  pay  over  to  the  people  of  this  State  or 
their  officer  or  agent  authorized  by  law  to  receive  the  same,  or  to  such  city, 
village,  county  or  town,  or  the  proper  officer  or  authority  empowered  to 
demand  and  receive  the  same,  any  money  received  by  him  as  such  officer, 
when  it  is  his  duty  imposed  by  law  to  pay  over,  or  account  for,  the  same. 

Is  guilty  of  a  felony. 

§  1866  Violations  of  law  by  public  officers.  An  officer  or  other  person 
mentioned  in  the  last  section  who  wilfully  disobeys  any  provision  of  law 
regulating  his  official  conduct,  in  cases  other  than  those  specified  in  that 
section  is  guilty  of  a  misdemeanor,  punishable  by  a  fine  not  exceeding  one 
thousand  dollars,  or  imprisonment  not  exceeding  two  years,  or  both. 

§  1868  Officials  not  to  be  interested  in  sales,  leases  or  contracts.  A 
public  officer  or  school  officer  who  is  authorized  to  sell  or  lease  any  property, 
or  to  make  any  contract  in  his  official  capacity,  or  to  take  part  in  making  any 
such  sale,  lease  or  contract,  who  voluntarily  becomes  interested  individually 
in  such  sale,  lease  or  contract,  directly  or  indirectly,  except  in  cases  where 
such  sale,  lease  or  contract,  or  payment  under  the  same,  is  subject  to  audit 
or  approval  by  the  Commissioner  of  Education,  is  guilty  of  a  misdemeanor. 

§  1871  School  district  trustee  not  to  draw  draft  on  supervisor  in  certain 
cases.  A  school  district  trustee  who  issues  an  order  or  draws  a  draft 
on  a  supervisor  or  collector  for  any  money,  unless  there  is  at  the  time 
sufficient  money  in  the  hands  of  such  supervisor  or  collector  belonging  to 
the  district  to  meet  such  order  or  draft,  is  guilty  of  a  misdemeanor. 

§  2050  Injury  to  public  record.  A  person  who,  wilfully  and  unlawfully 
removes,  mutilates,  destroys,  conceals,  or  obliterates  a  record,  map,  book, 
paper,  document,  or  other  thing,  filed  or  deposited  in  a  public  office  or  with 


EDUCATION    LAW  335 

any  public  officer  by  authority  of  law,  is  punishable  by  imprisonment  for  not 
more  than  five  years,  or  by  a  fine  of  not  more  than  five  hundred  dollars,  or 
by  both. 

§  2321  Making  false  statement  in  reference  to  taxes.  A  person,  who, 
in  making  any  statement,  oral  or  written,  which  is  required  or  authorized  by 
law  to  be  made  as  the  basis  of  imposing  any  tax  or  assessment,  or  of  an 
application  to  reduce  any  tax  or  assessment,  wilfully  makes,  as  to  any  material 
matter,  any  statement  which  he  knows  to  be  false,  is  guilty  of  a  misdemeanor. 


INDEX 


Abolition  of  libraries,  325 
Academic  departments,  4 
academies  changed  to,  104-5 
apportionment,  157 

for  non-resident  pupils,  158 
boards  of  education,  powers,  104 
establishment,   100 
Academic   examinations,    10 
Academic  pupils,  tuition  in  contract- 
ing districts,   177 
Academic  quota,  157 
Academies 

apportionment  to,  157 

changed    to    academic    departments, 

104-5 
charters,   12-13 
defined,  4 
dissolution,  14-17 

retransfer  to  former  trustees,   105 
trustees,  104 
Accountants,  10 
Actions 
against  school  officers,  245,  246 
county  judge  to  compel  district  to 

levy  tax  for  costs,  246 
expenses   of   district   officers   in  de- 
fending, tax  for,  68 
for  recovery  of  taxes,  132 
supervisors  sue  for  money  due  from 

school  officers,  43 
teachers'  wages,  unpaid,  68 
trustees,  against  predecessor,  92 
Affidavits,    Commissioner    of    Educa- 
tion may  take,  32 
district    superintendents    may    take, 
122 
Age  of  pupils,  170,  193 
Agriculture,    apparatus    for    teaching, 
67,  88,  89-90,  99 
instruction     in,     in     central     rural 
schools,  52 
Agriculture,  schools  of,  54,  179,  290 
authority    of    the    board    of    educa- 
tion over,  184 


Agriculture,  schools  of    (continued) 
courses    for    training    of    teachers, 

186 
directors  of,  183 

estimates  and  appropriations,  186 
home  schools,  establishment,  209-15 
sites  and  buildings,  67,  88,  99,  144, 

145 
state  aid  for,  184 

supervision     by     Commissioner     of 
Education,  31 
Alcoholic  drinks,  see  Physiology  and 

hygiene 
Alfred    University,    state    school    of 

agriculture,  291 
Americanization,  provision  for  carry- 
ing on  work,  32,  33 
Animals,    humane    treatment,    88,    99, 

225 
Annual    meetings,    see    School    meet- 
ings 
Anti-sedition  law,  28-30 
Apparatus 
apportionment  for,  157 
boards    of    education    to    purchase, 

99,  101 
district  to  vote  tax  for,  67,  68 
exempt  from  taxation,  48 
expenditures  for,  89-90 
loans,  11 
purchase  of,  from  proceeds  of  sale 

of  school-house  or  site,  143 
repairs,  89 
Appeals 

from    action    of    meeting    altering 

school  districts,  38 
to  Commissioner  of  Education,  287 
from    district    superintendents'    acts 

and  decisions,   123 
district     superintendents    to    report 
testimony     to    Commissioner    of 
Education,   122 
expenses    of    district    officers,    tax 
for,  68 


[337] 


338 


THE    UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 


Appointments     of     officers     and    em- 
ployees of  Education  Department,  6 
Apportionment,     see     Public     library- 
money;     School    libraries;     School 

moneys 
Arbor   day,  228 
Architects,  supervision  of,  10 
Archives  in  state  library,  316 
Armories,   use    for   physical   training, 

224 
Art,  works  of,  68,  89 

apportionment  for,  157 
Art    associations,    incorporation,    12 
Assessment,  see  Taxes 
Association  libraries 

defined,  318 

grants  for,  319 

money   from  taxes,  to  whom  paid, 
321 

president  or  chief  executive  officer, 
election,  21 

property  of  abolished  libraries  for, 
325 

transfer  of  property,  323 
Associations,  incorporation,  12 
Athletic   centers,    67,   88,    90,   99-100, 

144,  145,  146 
Attendance 

certificates       of        principals        or 
teachers,  209 

compulsory,   193 

record  of,  168,  196,  198 
Attendance  officers,  205 

interference  with,  205 

Babylon,  assessment  of  state  lands 
in,  134 

Ballot  boxes 
boards  of  education  to  provide,  95 
trustees   shall  provide,   79 

Ballots    in    common    school    districts, 
form  of,  79 

Banking  law,  extract  from,  170 

Banks,  savings,  in  schools,  170 

Beekman,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 

Bequests 
See  Gifts;  Trusts 


Birds,  humane  treatment  and  protec- 
tion, 88,  99,  225 
Blackboards,  district  to  vote  tax  for, 

68 
Blind,  schools  for,  289 
Boards  of  education,  92-107 

academy,    may    adopt    as    academic 
department,   104-5 

agricultural     schools,     and     others, 
powers,    184 

appointment    of    officers    in    union 
free  school  district,  84,  85 

bonds,  issue,  146 

bonds,     legalization     by     Commis- 
sioner  of   Education,   147-48 

central   high   school  district,   55-56, 
57-58,  59 

central   rural   schools,    duties   relat- 
ing to,  54 

condemnation    of    land    for    school- 
house  site,  143 
of  consolidated  districts,  41 

contracts    with    trustees     in    other 
districts,    177 

corporate  bodies,  93 

defined,  5 

district  quotas,  powers,  42 

election,  45,  94 
disputes  concerning,  96 
in  new  district,  96-97 
inspectors,  95 
notice  of,  95 
record  of  votes,  95 
special,  96 

expenditures,    limitation   upon,    103 

factories,  to  provide. for  courses  of 
study  in,  33 

fire  drills,  duties  relating  to,  228 

fire  escapes,  construction,  139 

industrial  and  trade  schools,  duties 
relating  to,   179 

ineligibility,  78 

kindergartens,  to  maintain,   102 

library  property,   transfer  of,  326 

meetings,  103 
annual,  97 

members,  school  officers,  5 

night  schools,  to  maintain,  102 


INDEX 


339 


Boards  of  education    (continued) 

normal  schools,  contract  for  educa- 
tion of  children  in,  242 

number  of  members  in  certain  dis- 
tricts, 97-98 

physical     training,     duties     relating 
to,  223 

powers  and  duties,  99-102 

president,  93 

records,  105 

removals  from  office,  34,  99,  101 

reports,  105 

filed  with  Commissioner  of  Edu- 
cation on  request,  35 

report    of    pupils    from    other    dis- 
tricts, 178 

retarded   children,    powers   and    du- 
ties, 176 

school     libraries,     appointment     of 
librarian,   326 

school  meetings,   duties   relating  to, 
46  . 
special,  may  call,  65 

school    moneys,    custody    and    pay- 
ment of,  103-4,  155 
estimate  of  expenditures,   106 

school-house    and    grounds,     super- 
vision, 139 

school-houses,      outbuildings,      pro- 
vision for,   141 

sites,  designation  without  vote,   142 
'  superintendent     of     schools,     super- 
vision,  103 

supervision     by     Commissioner     of 
Education,  35 

taxes    for    payment    of    bonded    in- 
debtedness   of     school    district, 
to  raise,  42 
certified  to   corporate   authorities, 

107 
may  levy  without  vote,   106 

teachers,  contract  with,   168 
relationship  to,   169 
training    schools    or   classes,    may 
establish,  233 

term  of  office,  93,  94,  96,  98 

text-books,  to  designate,  217 
to  furnish,  218 

title  to  lands  vested  in,   144 


Boards  of  education    (continued) 
trustees,  powers  of,  104 
union  school  district,  election,  45 
vacancies  in  office,  80 

how  filled,   101 
visitation  of  schools,  103 
waterclosets,  to  provide,  101 
See     also     Trustees;     Union     free 

school  districts 
Boards  of  education,  in  cities,  247-76 
bonds  of   employees,  262 
bureau     of     compulsory     education, 

school   census   and   child  welfare, 

257 
census  board,  permanent,  216 
continuation   in  office,  275 
election,   69 
eligibility,  249 
how  chosen,  249 
meetings,   252 
powers  and  duties,  253 
retarded  children,  powers,   176 
retirement  of  employees,  259 
salaries,  powers,  277 
term  of  office,  249 
vacancies,  249 
Board  of  examiners,  cities,  256 
Boards     of     supervisors,    see     Super- 
visors 
Bond 
collector's,  67,  83-84,  85,  129,  165 

recovery  of  money  on,  86 
employees,  city  boards,  262 
supervisor's      for     school     moneys, 

112 
treasurer's,  67,  83,  85,  165 
treasurer     of     temporary     districts, 

50 
Bonded     indebtedness,     charge     upon 

enlarged  district,  42 
of    school    districts,    apportionment 

by   district    superintendent,    37 
Bonds,   144,   146 
central  high  school  district,  59 
issue  in  cities,  272 
legalizing,   147,   148 
rate  of  interest,  151 
sale,  notice  of,  146 

payment  of  proceeds,  82 


340 


THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 


Bonds  (continued) 

sale  of  site  to  be  taken  as  security 
for,    143 
Books 

bought  with  public  money,  ap- 
proval  of,  324 

forfeiture  of  grants,  324 
subject  to  return  to  State,  325 

of  delinquent  libraries,  325 

loans,  11 

penalties  for  detention,  323 
Books    and   apparatus,    apportionment 

for,  157 
Botanist,    state,    member    of    museum 

staff,   11 
Branch       institutions,       establishment 

restricted,  13 
Branch  libraries,  318 
Branch  schools,  establishment,  90 
Building  for  Education  Department,  7 
Buildings,  see   School-houses 
Bulletins,   publication   authorized,    6 
Bureaus,    city,   continuation    in    office, 

275 
Business    schools,    use    of    name    col- 
lege, 17 

Camps,   temporary    school    districts 

in,  50 
Census,  school,  215 

expenses,  how  paid,  156 
Census    board,    permanent,    in    cities, 

216 
Central  high  school  districts,  55-61 
Central  rural  schools,  52-54 
Certificates 

issued  by  institutions  of  other 
states  or  countries.  Regents  may 
fix  value  of,  10-11 

protection  against  fraud,  17 

See      also      Credentials ;      Normal 
schools;   Teachers'  certificates 
Certified  public  accountants,  10 
Certified  shorthand  reporters,  10 
Chancellor  of  University,  9 

duties,  9 

meetings,  to  call,  9 

signature  to  reports,  6 


Charities,    State    Board    of,    transfer 

of  certain  powers  to  Commissioner 

of  Education,  34 
Charters     of     university    institutions, 
12-13 

alteration  or  repeal,  13 

conditions   of    granting,    13 

library,  322 

property  requirements,  13 

provisional,  13 

restrictions,       degree-conferring 
power,  17 

surrender,  17 

suspension,  12 
Children 

alien,  lists  of,  32 

employment,  unlawful,  196 

See  also  Pupils;  School  age 
Chiropody,  practice  of,   10 
Cities 

apportionment  to,  152,  153,  156 

boards  of  education,  247  . 

deposit,    custody    and    payment    of 
moneys  in,   103-4 

libraries,  318 

property     in     trust     for     common 
schools,  163 

salaries    of    supervising   and   teach- 
ing staff,  276 

school  district  for  purposes  of  ap- 
portionment, 162 

school  elections  in,  69-77 

schools  under  supervision  of   Com- 
missioner  of   Education,  35 

supervisory  districts  shall  not  'form 
part  of,  114 

taxes,  corporate  authorities  to  levy, 
107 

teachers       training       schools       or 
classes,   233 

treasurer    or    chamberlain,    certifi- 
cate of   apportionment   of   school 
moneys  to,  159-60 
Civic    forums,    use    of    school-houses 

for,  140 
Clerk,  see  District  clerk;  Town  clerk 
Cobleskill,    state    school    of    agricul- 
ture at,  291 


INDEX 


341 


Collection  of  taxes,  see  Taxes 
Collector 
bond,  67,  83-84,  85,  129,  165 

recovery  of  money  on,  86 
county    treasurer,    payment    of    tax 

to  collector,  131 
custody  of  moneys,  85 
disbursement  of  moneys,   109-10 
district      treasurer,      payment      of 

moneys  to,  83,  85 
election     in     common     school     dis- 
tricts, 67 
fees,  130 

in  each  school  district,  78 
in  union  free  school  district,  84 
jurisdiction,  129 

liability  of,   for  moneys   lost,  86 
notification  of   election,  82 
payment  of  moneys,   165 
railroad  companies,  assessment  and 

tax,  130 
receipt  for  taxes,  135-36 
removal  of,  34 

reports    of    receipts    and    disburse- 
ments, 85-86 
school  officer,  5 

taxes,  notice  of  receiving,  129-30 
unpaid,  return  of,   132 
warrants  for  collection  of,  128-29 
teachers'  fund,  to  disburse,  85 
trustee,  may  not  hold  office  of,  78 
not    to    draw    on    for    teachers' 
wages  unless  record  is  verified, 
168 
vacancy  in  office,  80 
how  filled,  81 
Colleges,  4 
defined,  4 

degree-conferring  power,   13 
incorporation,  conditions  of,   13 
name,  use  of,  17 
salaries  of  teachers,  279-80 
water-works     and     sewer     systems, 
may  construct,  21 
Collins,  assessment  of  state  lands  in, 

134 
Colonial  history,  extra  copies,  317 
Colored  children,  schools  for,  289 
Commissioner  of  Education,  4,  30-35 


Commissioner   of    Education    {cont'd) 

academy,  approval  of  adoption  as 
academic  department,  105 

affidavits,   may  take,  32 

agriculture,  schools  of,  31,  184,  291 

alien  children,  to  procure  lists 
of,  32 

appeals  or  petitions  to,  287 

appointment  of  officers  and  em- 
ployees, 6 

Arbor  day,  to  prescribe  exercises 
for,  228 

assistant     commissioners,     appoint- 
ments, 6 
may  take  testimony,  9 
removals  and  suspensions,  6 

boards    of    education,    election    dis- 
putes, to  decide,  96 
may  order  new  election,  96 
removal  from  office,  34,  99 
supervision,  35 

bonds,  legalizing,   147 

buildings,  new,  plans  and  specifica- 
tions must  be  approved  by,  138 

central  high  school  districts,  duties, 
56,  57,  58 

central  rural  schools,  powers  and 
duties,  53,  54 

chief  executive  officer  of  state  sys- 
tem of  education  and  of  Regents, 
5,  31 

city  schools,  supervision,  35 

collector,   removal   of,   34 

compulsory  education  law,  with- 
holding state  moneys  for  failure 
to  comply  with,  208 

contingent  expenses,  decisions  on, 
conclusive,   106 

contracts  between  school  districts 
for  education  of  pupils,  approval 
of,  177 

district  clerk,  removal  of,  34 

district  election  disputes,  deter- 
mination of,  96 

district      superintendents,      appeals 
from  acts   of,   to  be  taken  to, 
123 
election  disputes,  to  decide,  123 


342 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


Commissioner   of   Education    (cont'd) 

district  superintendents   (cont'd) 
examinations    in    agriculture,    to 

prescribe,   118 
expenses,   may   audit   and   allow, 

120 
to    perform    duties     of     another 
superintendent    when    requested 
by,  122-23 
may  remove  from  office,  120 
reports,  123 
to     report    testimony    in    appeal 

cases  to,   122 
salary,  payment  of,  119 
salary,  may  withhold,   120 
subject    to    rules    prescribed    by, 

123 
vacancy  in   office,   duties   relating 
to,    119 

district  treasurer,  removal  of,  34 

Education    Department,    administra- 
tion of,  31 

election  by  Regents,  30 

elected  without  regard  to  place  of 
residence,  30 

employment     certificates,     to     pre- 
scribe form,  204 

extension    of    educational    facilities, 
11 

farm    schools,    powers,    relating   to, 
192 

fines,  apportionment  of,  243 

forms,  preparation  of,  32 

home  schools,  powers,  215 

homemaking,     schools     of,     super- 
vision, 31 

humane   treatment    of    animals   and 
birds,  powers  and  duties,  225 

illiterates,     duties     relating    to    in- 
struction for,  32-33 

industrial    and    trade    schools,    ap- 
portionment  for,    184 
supervision,  31 

industrial      teachers*      scholarships, 
to  award,  242 

inspection,    duties    relating    to,     12, 
31,  35 

laws,  enforcement  of,  31 


Commissioner  of   Education    (cont'd) 

mechanic    arts,    schools    of,    super- 
vision, 31 

medical      inspection,     powers     and 
duties,  174 

mental       diagnostician,       assistant, 
appointment,   176 

New  York  State  College  for  Teach- 
ers,   supervision,   241 

newsboy    permit    badges,    to    pre- 
scribe  form,  204 

normal   school   diploma,   annulment, 
31 

normal  schools,  powers  and  duties, 
31,  234 
contract    for    education    of    chil- 
dren in,  242 

oaths,  power  to  administer,  32 

office  continued,  30 

patriotic    exercises,    provision    for, 
226 

patriotism    and    citizenship,     super- 
vision of  courses  in,  225 

penalty  for  falsely  claiming  to  rep- 
resent, 244 

petitions  to,  287 

physical     training,     duties     relating 
to,  223 

physiology    law,   duties    relating   to, 
221-22 

powers  and  duties,  31-34 

property    to    be    held    in    trust    for 
common  schools,    163 

registers,    blanks,    forms,    prepara- 
tion of,  32 

removals  and  suspension,  6 

reports,  to  the  legislature,  6 

from  boards  of  education,  to  re- 
quire,  106 
filed     with     county     clerk      and 
county      treasurer,      may      re- 
quire,  35 
of   school  officers,  to  require,  35 
of    school    trustees,    to    prescribe 
form  of,   90 

responsible    for   books,   records   and 
other  property,  31 

responsible  for  seal,  31 

rules  of  Regents,  to  enforce,  35 


INDEX 


343 


Commissioner   of    Education    (cont'd) 
salarj'-,  30-31 

scholarships,      duties      relating     to, 
24,  25,  26 
for  soldiers,  sailors,  marines  and 
trained  nurses,  27-28 
school  commissioner,  removal  of,  34 
school  districts,  appeal  to  from  ac- 
tion  of  meeting    altering,   38 
minutes    of    meeting    to    organize 
union   school   to   be   filed   with, 
46 
proceedings     of     meeting,    to    be 
notified  of,  47  " 

school  libraries,  powers  and  duties, 
325 
rules  regarding,  325 
school    library   moneys,   may   with- 
hold, 327 
school    meetings,    authorization    of 
notice,  40 
special,  may  call,  64 
of    two    or    more    districts,    may 
order,   44 
school  moneys,  apportionment,   152, 
153 
certificate    of    apportionment,    160 
apportionment  of  money  for  non- 
resident pupils,  158 
apportionment   withheld   for    fail- 
ure to  comply  with  physiology 
law,  222 
withholding  of,  34 
school   neighborhoods,   48-49 
school  officers,  removal  of,  34 
school-houses,  may  grant  use  of  for 

examinations   and   institutes,    139 
school-houses    and    grounds,   duties 

relating  to,  139 
seal,  6 

signature  to  reports,  6 
special    meeting    of    Regents,    may 

call,  9 
suits  or  proceedings  to  enforce  de- 
cisions of,  245 
superintendent   of    schools,   removal 

of,  34 
supervision  over  schools  and  insti- 
tutions, 31 


Commissioner  of   Education    (cont'd) 

supervisory  districts,  disputes  re- 
garding formation  to  be  deter- 
mined by,  123 

tax  list,  approval  of  amendment  of, 
129 

teachers,   dismissal,    170 
of  foreign-born  and  native  adults, 

training,   32,   33 
regulations     governing     certifica- 
tion, 166 
to  keep  register  of,  31-32 
salaries,       additional      apportion- 
ment for,  152-53 
salary,     may    authorize    pa3nment 
in  certain  cases,  153 

teachers'    certificates,   to   issue,    166 
annulment,  31 
endorsement,   166 
may  revoke  for  refusal  to  teach 
physiology  and  hygiene,  221 

teachers'  institutes,  duties  relating 
to,  229 

teachers  retirement  fund,  duties 
relating  to,  296,  298,  311 

teachers'      training      schools      and 
classes,  apportionment   for,   162 
duties  relating  to,  232 

temporary  districts,  powers  and 
duties,  50-51 

term  of  office,  30 

testimony,  may  take,  9 

text-books,  to  examine,  219 

trade  schools,  supervision,  31 

training  classes,  apportionment  for, 
162 

traveling  and  other  expenses,  al- 
lowance for,  31 

trustee  of   Cornell  University,  31 

trustees,  removal  of,  34 

trusts,  supervision,  163 
report  of  to,  164 

union    school   district,    may   author- 
ize meeting  to  organize,  44,  45 
supervision,  35 

vacancy    in    office    of    trustee,    to 
order  election  to  fill,  81 

villages  and  union  free  school  dis- 


344 


THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 


Commissioner  of  Education  (cont'd) 
tricts,     to     determine     population 
of,  103,  156 
visual  instruction,  provision  for,  32 
See  also  Education  Department 

Commissioners,  school,  see  School 
commissioners 

Common  school  districts,  see  Districts 

Common  schools 
constitutional  provisions,   1 
free  to  resident  pupils,  170 
non-resident  pupils,   170 
See  also  Districts;  School  meetings 

Community  centers,  use  of  school- 
houses  for,  140 

Comptroller 
school  moneys,  may  withhold  pay- 
ment of,  162 
warrants  for  payment,  160 

Compulsory   education,    192-209 

Compulsory  school  age,  defined,   5 

Condemnation  of  property  for  school- 
house  sites,  143,  144 

Condemnation  of  school-houses,  122, 
141 

Constitutional  provisions  relating  to 
education,  1 

Contagious  diseases,  153,  174 

Contingent  expenses,  106-7 

Contingent  fund  established,  152 

Continuation  schools,   180,   184,   186 

Continuation  in  office  of  boards, 
bureaus,  teachers  etc.,  in  cities, 
275 

Contracts 
between  school  districts  for  educa- 
tion of  pupils,  177 
for  building  school-houses,  141 
district    superintendent    not    to    be 

interested  in,  120 
for  library  privileges,  319 
officials  not  to  be  interested  in,  334 
school  trustees  not  to  be  interested 

in,  92 
teachers,   168 

Conveyance  of  pupils,  69 
central  high  school  district,  61 
central  rural  schools,  54 
payment  of  expenses,  42 


Cornell  University,  290 
Commissioner  of  Education,  trustee 
of,  31 
Corporal  punishment,  333 
Corporate  authorities  to  levy  taxes,  107 
Costs  in  actions  by  or  against  school 

officers,  245 
Counterfeiting  credentials,  18 
Counties,   grants   of  property  to,   for 

common  schools,   163-65 
County  clerk 
district  superintendent,  duties  relat- 
ing to  election  of,  117-18 
to     file     trustees'      reports      and 
superintendents'   abstracts   with, 
123 
to  forward  certain  reports  to  Com- 
missioner of  Education,  35 
school    moneys,    certificate    of    ap- 
portionment to,  160 
supervisory  districts,  duties  relating 
to,  117 
County  judge,  appeal  to,  246 
hearing  before,  246 
tax  for  costs  in  actions,  to  compel 
districts  to  levy,  246,  247 
County  libraries,  319 
County  treasurer 
certificates     relating    to    apportion- 
ment, to  send  to  Commissioner  of 
Education,  35 
fines,  disposition  of,  243 
penalty    for    disobedience    to    sub- 
poena, to  impose,  122 
railroad  and  other  companies,  notice 
to,  of  assessment  and  tax,  130 
payment  of  tax  to,  131 
reports,  160 

school    moneys,    annual    report    of, 
160 
apportionment  to  be  certified  to, 

160 
list     for    district     superintendent, 

161 
payments  of,  159,  161 
payments  to,  statements  of,   161 
supervisor's    bond,    duties     relating 

to,    112 
tax  list,  transmission  to,  132 


INDEX 


345 


County  treasurer  (continued) 
taxes,  payment  to  collector,  131 

unpaid,  collection  of,  132 
trustee      of      unclaimed      academy 
stock,  16 
Course  of  study 
boards    of    education    to    prescribe, 

99 
district  superintendents,  duties  con- 
cerning,   121 
trustees     to    prescribe    in    common 
schools,  88 
Court  libraries,  327 
.  Credentials 

conferment  by  Regents,  10 

for  extension  work,  11 

fraudulent,   17 

unlawful  acts  in  respect  to,  18-19 

Dannemora,  assessment  for  school 
purposes  of  certain  state  lands  in, 
133 

Deaf  mutes,  instruction  of,  289 

Decisions,  appeals  from,  287 

Defective  children,  289 

Definitions,  4-5 

Degree-conferring  institutions,  re- 
striction of  number,  17 

Degree-conferring  power,  restric- 
tions, 13,  17-18 

Degrees 
charter  restriction,  13 
conferment  by  Regents,  10 
issued     by     institutions     of     other 
states  or  countries,  Regents  may 
fix  value,  10 
protection  against  fraud,  17-18 
provisional  charter  gives  no  power 
to  confer,  13 

Degrees,  honorary,  conferment  by 
Regents,   10 

Delhi,  state  school  of  agriculture  and 
domestic  science,  291 

Delinquent    and    dormant    institutions, 
exclusion   from   University  mem- 
bership,  12 
suspension  of  charter,  12 
Delinquent  libraries,  323,  325 
books,  325 


Dentistry,  practice  of,   10 
Departments   of   University,   11 
Detention  of  library  or  museum  prop- 
erty, 323 
Devises,  see  Bequests 
Diplomas 
conferment  by  Regents,  10 
conferment  restricted,    17-18 
indorsement,    166 

issued     by     institutions     of     other 
states  or  countries,  Regents  may 
fix  value,  10 
protection  against  fraud,   17-18 
Directors,  see  School  directors 
Discipline      and      physical      training, 

223-25 
Dissolution 
of  academies,  14-17 
of  educational  corporations,  14 
school  districts,  38,  39 
union     free     school     district,     re- 
stricted, 46,  47 
District    attorney,    fines,   report     and 

payment,  243 
District  clerk 
central   high   school    district   funds, 

powers,  61 
duties,  81-82 
election  in  common  school  districts, 

67 
forfeiture    of    amount    of    moneys 

lost  by  neglect,  244 
notice  to  persons  elected,  79 
oath,  teachers,  taken  by,  168 
records    of    dissolved    district,    de- 
posit of,  43 
removal  of,  34 
in  each  school  district,  78 
school   district   bonds,   duties   relat- 
ing to,  147 
school  meetings,  annual,  may  desig- 
nate place  of,  63 
notice  of,  63 
school    meeting,    special,    may    call, 

64 
school   officer,   5 
temporary  districts,  50 
treasurer's  bond  filed  with,  83 
trustee,  may  not  hold  office,  78 


346 


THE    UNIVERSITY   OF   THE    STATE   OF    NEW    YORK 


District  clerk    (continued) 

in  union  free  school  district,  84 

vacancies  in  office,  how  filled,  81 
District  collector,  see  Collector 
District  libraries,  see  School  libraries 
District    meeting,    see    School    meet- 
ings 
District  officers,  see  School  officers 
District  quota,   152,   161 

consolidated  districts,  42 

district  entitled  to,  156 

temporary  districts,  50 
District     superintendent     of     schools, 
114-23 

affidavits,  may  take,  122 

appeal  cases,  to  report  testimony 
in,  to  Commissioner  of  Educa- 
tion, 122 

appeals  from  acts  of,  123 

city,  258 

Commissioner  of  Education,  subject 
to  rules  prescribed  by,  123 

consolidated  district,  order  creat- 
ing, 41 

deputy,  118 

election,  117-18 

expenses,  allowance  for,  120 
payment,  123 

may  act  for  another  district  super- 
intendent,  122-23 

military  or  naval  service,   118 

not  to  be  engaged  in  other  busi- 
ness,  121 

not  to  be  interested  in  certain  busi- 
ness or  to  accept  rewards,  120 

oath  of  office,  118 

oaths,  may  administer,  122 

office  created,  114 

physical  training  expenses,  duties 
relating  to,  223 

powers  and  duties,  121-23 

powers  of  school  commissioners,  to 
hold,  123 

qualifications,  118 

removal  from  office,   120 
disqualifies  for  reelection  for  five 
years,  118 

reports,  123 


District    superintendent    (continued) 
salary,  119 

forfeiture  of,   120 
school      districts,      formation      and 

alteration,  37 
school  meetings,  to  give  notice  of,  62 
school  moneys,  apportionment,  161 

reports   by   supervisors   of   school 
moneys  to,  113 
sites   of    school-houses,   designation, 

67 
subpoenas,  power  to  issue,  122 
supervisory  district,  114-16 
teachers,  examination  and  licensing 
of,  122 

included  under  term,  293 
temporary     districts,     powers     and 

duties,  50 
term  of  office,  118-19 
training  classes,  inspection  of,  121 
vacancy  in  office,  119 

how  filled,  119 
See  also  School  commissioners 
District  treasurer 
bond,  67,  83,  85,  165 
central    high    school    district    funds, 

powers,  61 
compensation,  84,  85 
duties,  82-83 
election  in  common  school  districts, 

67 
notification  of  election,  82,  83 
payment    of    money    from    gospel 

funds,  164 
removal  from  office,  34 
in  each  school  district,  78 
school  moneys,  disbursements,   109- 
10 

payment  to,  161 
school  officer,  5 
temporary,  50 
term  of  office,  67 
trustee,  may  not  hold  office  of,  78 

not    to    draw    on    for    teachers' 
wages  unless  record  is  verified, 
168 
union  free  school  district,  84 
vacancy  in  office,  80 

how  filled,  81 


INDEX 


347 


Districts,  36-48 

alteration,  Z7,  38 

apportionment,   152-63 

boundaries,  correcting  records  of,  a 
district  charge,   121 

consolidated,  district  quotas,  42 
order  creating,  41 
property,  43 

consolidation,  39 
by  vote  of  qualified  electors,  39 

contracts  with  boards  of  education, 
in  other  districts,  177 

dissolution,  38,  39 

dissolved    district,    deposit    of    rec- 
ords, 43 
sale  of  property,  43 
to    exist    for    finishing    business, 
42-43 

existing  districts  continued,  2)6 

formation  of  new  districts,  2)7 

formation,  re-formation,  39 

joint  district,  dissolution  or  altera- 
tion, 38 
formation,   37 
number,  2)7 

meetings,  62-69 

number  and  description  of  dis- 
tricts, Z7 

records,  books,  district  property, 
81 

supervision  by  Commissioner  of 
Education,  35 

temporary  districts,  50 

trust  funds,   163-65 

union  school  district,  reorganiza- 
tion as  common  school  district, 
46 

See  also  District  clerk;  District 
quota ;  District  treasurer ;  School 
meetings  ;  School  officers  ;  Super- 
visory districts;  Trustees;  Union 
free  school  districts 
Domestic  science  school  at  Delhi,  291 

See  also  Homemaking,  schools  of 
Dover,  assessment  for  school  purposes 

of  certain  state  lands  in,  134 
Druggists,  see  Pharmacy 


Duplicate  department  of  state  library 
317 
exchanges,  317 

Education,  boards  of,  see  Boards  of 

education 
Education  Department,  5-7 

building,  7 

under  direction  of  Regents  and 
Commissioner  of  Education,  5 

divisions   of   department,   5-6 
public    records    and    history,  327 

farm  schools,  powers  relating  to, 
192 

management  and  supervision  of 
public  schools  and  educational 
work  of  State,  5 

reports  to  the  legislature,  6 

seal,  6 
Education  fund,   1 
Educational  institutions 

incorporations,  12-13 

liquidation,   13-14 

penalties  for  detention  of  property, 
323 

penalties  for  injuries  to  property, 
Z2Z 

See  also  Gifts 
Election  day,  157 
Elections,  see  School  elections 
Electric  light  companies,  130,  131 
Employees   of   Education   Department 

appointment,   6 

removals  and  suspensions,  6 
Employees    in    public    schools    remov- 
able  for  treasonable  acts   or  utter- 
ances, 170 
Employment  certificates,   197,  200 
Employment    of     children,    unlawful, 

196 
Employment  of  teachers,  see  Teachers 
Endorsement   of   teachers'   certificates 

and  diplomas,  166 
Entomologist,   state,   member   of   mu- 
seum staff,  11 
Enumeration,  see  Census 
Evening  schools,   102 

vocational  schools,  179,  184,  186 


348 


THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 


Examinations 

academic,   10 

for  extension  work,  11 

fraud  in,  18-19 

physiology  and  hygiene,  221 

Regents,  law  authorizing,   10 

state  certificate,  166 

teachers,  regulations  governing,  166 

unlawful  acts  in  respect  to,  18-19 

use  of  school  buildings  for,  139 

See  also  Teachers'  certificates 
Exemptions   from  taxation 

for  building  school-house,  128 
Expenditures   of   school  moneys 

estimates  of,  106 
in  cities,  265 

limitation  upon,  103 

vote  on,  to  be  by  ballot,  69,  145 
Extension  of  business  by  institutions, 

restrictions,  13 
Extension  of  educational  facilities,  11 

Factories,  courses  of  study  in,  33 
False  personation  in  examination,   18 
Farm  schools  in  counties,  188-92 
Fees 

for  admission  to  examinations,  10 

coilector's.  130 

supervisor  and  town  clerk  in  cases 

of  district  alteration,  44 
supervisors,  43,  113 
town  cierk,  84 
Fines.  243-47 

apportionment,  243 
compu.sory    education    law,    viola- 
tion of,  195,  197 
for  detention  of  property,  323 
disposition  of,  243 

in  case  of  joint  district,  244 
examinations,    violation   of    law   re- 
lating to.  18-19 
fire  drills,  neglect  of,  228 
for   injuries   to  library  or  museum 

property,  323 
notice  of   district  meetings,   failure 

to  serve.  65 
payments  on,  161 
report  and  payment,  243 


Fines   (continued) 
teachers,    unqualified,    payment    of, 

168 
voters,  for  false  declaration  or  im- 

authorized  vote,  66 
votes,  failure  to  record,  95 
See  also  Penalties 

Fire  drills,  227 

Fire  escapes,  138 

Flag,  display  on  school  grounds,  226 

Foreigners,  supervision  of  instruction 
for,  32,  33 

Forms,  preparation  of,  32 

Fort  Ann,  assessment  of   state  lands 
in,  134 

Franchise  taxes,   distribution  of   rev- 
enues from,  136 

Fraud  in  obtaining  credentials,  17-19 

Fredonia  normal  school,  practice  de- 
partments in.  239 

Free   public    libraries,   see    Public   li- 
braries 

Free  tuition,  see  Tuition 

Fuel,  district  to  furnish,  67,  101 

Funds,  educational,  1 
See    also     Public     library    money; 
School   libraries ;    School  moneys 

Furniture,   school-houses,    67,   99-100, 
101,  121,  122 

Gas  companies,  130,  131,  135 
Gcneseo,    State    Normal    School,    ex- 
tension teacher  training.  235 
Geologist,   state,   member   of   museum 

staff,  11 
Gifts 

boards  of  education,  powers,  100 

libraries,  318 
conditional  acceptance  of,  320 

See  also  Bequests ;  Trusts 
Globes 

district  to  vote  tax  for,  63 

loans,  11 
Gospel  and  school  lots,  163-65 

payment  of  proceeds  of  sale.  112    . 

report  of  supervisor  regarding,  164 

supervisors'  duties,   110,   111-112 
Gospel  funds,  apportionment,  164 


INDEX 


349 


Grants,      see      Bequests ;      Libraries ; 
School   moneys 

Health  certificates,  172 

High     school     districts,     see     Central 

high  school  districts 
High  schools,  4 
Higher  education  defined,  4 
Highlands,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 
Historical   associations,    incorporation, 

12 
History,  division  of,  327 
Holidays,  schools  not  to  be  in  session 

on,   157 
Home    schools,    establishment,    200-15 
Homemaking.  schools  of.  54,  179-86 

authority    of     board    of    education 
over,   184 

estimates   and  appropriations,    186 

state  aid  for,  184 

supervision     by     Commissioner     of 
Education,  31 

training  of  teachers.  186 
Humane    treatment    of    animals    and 

birds.  88,  99,  225 
Huntington,      assessment      of      state 

lands  in,  134 

Illiterate  minors,  school  attendance, 
208 

Immigrant  education,  32,  33 

Income  taxes,  distribution  of  revenues 
from,  136 

Incorporation,  sec  Charters 

Indebtedness,    see    Bonded    indebted- 
ness 

Indian  co'. lection,  12 

Indian  reservation,  apportionment  for 
teachers,  152 

Indian  schools,  289 

Indians,  education  in  normal  schools, 
240-41 

Indorsement    of    teachers'    certificates 
and  diplomas,   166 

Industrial  and  trade  schools,  179-86 
application  of  moneys.   186 
estimates    and    appropriations     for, 
186 


Industrial  and  trade  schools  (cont'd) 
home  schools,  establishment,  209-15 
state  aid  for,  184 

supervision     by     Commissioner     of 
Education,  31 
Industrial   teachers'    scholarships,   242 
Industrial  training  in  truant  schools, 

208 
Injuries  to  property,  penalties,   323 
Inspection 
of    common    school,   by   boards    of 
education,    103 
by    Commissioner    of    Education, 

35 
by   district   superintendent,    121 
industrial  and  trade  schools,  31 
of   institutions,  authority   for,  31 
training   classes,   by   district   super- 
intendent,  121 
University  institutions.  12 
Inspectors  of  election,  95 

common  school  districts,  79 
Institutions  in  University,  12 
Insurance 
normal  schools,  240 
school  library,  88,  100 
school-houses,  63,  88,  100 

Jamestown,  bond  issue,  274 

Joint  districts,  sec  Districts 

Judge,  see  County  Judge 

Judgments 
taxes   for  payments  of,  89 
for  teachers'   wages,  how  satisfied, 
68 

Kindergartens,   102 

Lantern  slides,  loans,  11 

Laws  repealed.  332 

Lecturers,     extension.     Regents     may 

designate,  11 
Lee,  assessment  of  lands  in,  134 
Legislature,     members     may     borrow 

from  state  library,  317 
Librarians    of    school    libraries,    101, 

326 
Libraries,  315-27 

abolition,  325 


350 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


Libraries    (continued) 

association,    see    Association    libra- 
ries 

branch,  318 

charters,  12^13,  322 

contracts,  319 

county,  319 

establishment,   318 

gifts   to,   conditional   acceptance   of, 
320 

grants  to,  324 

museum   collections,   321 

neglect,  323,  325 

penalties,    for    detention    of    books, 
323 
for  injuries  to  property,  323 

property,  318 

subject  to  return  to  State,  325 

registered,  319,  327 

reports,  317,  323 

taxes,  318,  321 

transfer,  323 

transfers  of  books  to  state  library, 
317 

traveling,  324 

trustees,  321 

Regents  may  remove,  324 

See    also    Public    libraries;    School 
libraries;  state  library 
Library  extension  service,  324 
Library  school,  authority  for,  324 
Licenses,  protection  against  fraud,  18 

See  also  Teachers'  certificates 
Licenses   for  certain  schools,  28-30 
Licensing,   supervision  of,   10 
Lincoln's  birthday,   157 

observance  in  public  schools,  227 
Liquidation     of     educational     institu- 
tions, 13-14 
Loans 

for  extension  work,  11 

from  state  library,  317 
Local  school  board  districts  in  cities, 

261 
Long   Island,   State   School   of   Agri- 
culture, 327 
Loyalty  test,  teachers,   167 
Loyalty  to  government,  schools  must 

inculcate,  28-30,  225 


Magazines,  distribution  by  children, 

196,  197 
Manual   training    schools   not   entitled 

to    share    in    grants    for    industrial 

schools,   186 
Manuscripts 

on  file,  part  of  state  library,  316 

removal  from  state  library,  316 

transfer  to  state  library,  317 
Maps 

apportionment   for,   158 

district  to  vote  tax  for,  68 

loans,   11 

transfer  to  state  library,  317 
Marcy,  assessment  of  lands  in,   134 
Marines,  state  scholarships  for,  27-28 
Mechanic  arts,   schools   of,    179-86 

authority    of     board     of    education 
over,  184 

estimates   and   appropriations,    186 

state  aid  for,  184 

supervision     by     Commissioner     of 
Education,  31 

training  of  teachers,   186 
Medical  inspection  of  school  children, 

102,   171-74 
Medical  library,  316 
Medicine,  practice  of,  10 
Meetings,  see   School  meetings 
Memorial  day,  227 

Mental     diagnostician,     assistant,     ap- 
pointment, 176 
Military    drill    excluded    from    public 

schools,  227 
Minors,  unlawful  employment,  196 
Moneys,    see    Library    fund;    Public 

library  money;   School  moneys 
Morrisville,     state     school     of     agri- 
culture at,  292 
Mortgage,  sale  of  site  to  be  taken  as 

security  for,  143 
Municipal  corporations  may  establish 
libraries,  318 

See  also  Cities 
Museums,  318 

collections,  321 

incorporation,  12-13 

penalties,  for  detention  of  property, 
323 


INDEX 


351 


Museums    (continued) 
penalties    (continued) 

for  injuries  to  property,  323 
reports,  323 
See  also  State  museum 

Names,  use  of  name  college  or  uni- 
versity, 17 
Names  of   institutions,  change  of,   13 
Natural  gas  companies,  130,  131,  135 
Natural  history,  extra  copies,  317 
Negroes,  schools  for,  289 
Neighborhoods,     school,     see     School 

neighborhoods 
New  York-American  Veterinary  Col- 
lege, 327 
New   York    City,   payment  of   school 
moneys  to,  160 

school  census,  215 
New  York  State  College  for  Teachers 

control  of,  241 

faculty,  number,  238 

teachers,  salaries  etc.,  235 
New    York     State     School     for    the 

Blind,  34,  289 
Newsboy  permit  badges,  196,  200 
Newspapers 

distribution    by    children,    196,    197, 
200 

publication  of  notices  in,  56,  63,  71 
Niagara   Falls,    city   of,   annual   esti- 
mate, 267 
Night  schools,  102 

vocational  schools,  179,  184,  186 
Non-resident     pupils,      apportionment 
for  tuition,  158,  159,  160 

tuition,  100,  170 
Normal  College,  see  New  York  State 

College  for  Teachers 
Normal  schools,  233-42 

admission  requirements,  238 

courses  of  study,  235 

diploma,  238 

Commissioner   of   Education  may 

annul,   31 
endorsement,   166 
qualifies  for  teaching,   165 

faculty,  235 

grants  and  bequests,  240 


Normal  schools    (continued) 

Indian  youth  in,  240 

insurance,  240 

local  boards,  234 
defaulting,  238 

physiology  and  hygiene,  instruction 
in,  221 

policemen,  special,  239. 

principal,    duties    relating*  to  physi- 
ology law,  222 

secretary,  salary,  234 

supervision     by     Commissioner     of 
Education,  31 

teachers,  235 

treasurer's  bond,  234 
salary,  234 
Nurses,  registration,  10 

scholarships  for,  27-28 

Oaths 

Commissioner    of     Education    may 
administer,  32 

district     superintendents     may     ad- 
minister, 122 
Officer    of    institutions,    ineligible    as 

Regent,  8 
Officers  of  Education  Department 

appointment,  6 

removals   and  suspensions,   6 
Officers  of  University,  9 
Officers,  see  also  School  officers 
Optometry,  practice  of,  10 
Orphan  schools,  288 

apportionment  to,    152 
Ossining,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 
Oswego,  tax  election,  272 

Paleontologist,     state,     member     of 

museum  staff,   11 
Papers,  see  Manuscripts 
Parental  relation,  defined,  4 

duties  of  persons  in,  194 
Part-time  schools,  180,  184,  186 
Patriotic  exercises,  227 
Patriotism    and     citizenship,     courses 

in,  225 
Pedagogical  departments,  114 
Penal    provisions    relating   to    schools 

and  school  officers,  333-35 


352 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


Penalties,  243-47 
children,       unlawful       employment, 
197 
Commissioner      of      Education,      Re- 
gents    or     other     school     officer, 
falsely  claiming  to  represent,  244 
compulsory    education     law,     viola- 
tion of,  .195,  197 
fire  drill's,  neglect  of,  228 
forfeiture  of,  for  neglect  to  sue  for, 

244 
fraudulent  credentials,  17-18 
for  injuries  to  property,  323 
notice    of    school    meetings,    failure 

to  serve,  65 
school  officers,  refusal  to  make  re- 
port, 64 
refusal  to  serve  or  perform  duty, 
80 
schools,     maintaining     without     li- 
cense, 30 
statement  of  moneys  received  from, 

161 
■subpoena,  disobedience  of,  122 
suits  for,  244 
supervisors'    refusal    to   give   bond, 

112-13 
teachers,    failure   to   complete   con- 
tract, 169 
.    unqualified,  payment  of,  168 
text-books,   law   concerning,  219-20 
trustee,  failure  to  account,  91 
voters,    false    declaration   or   unau- 
thorized vote,  66 
See  also  Fines 
Pensions,  teachers,  292-315 
Periodicals,    distribution   by   children, 

196-197 
Petitions  to  Commissioner  of  Educa- 
tion, 287 
Pharmacy,  practice  of,  10 
Photographs,  see  Pictures 
Physical      training,      instruction      in, 

223-25 
Physically  defective  children,  289 
Physiology  and  hygiene,  220-22 
examinations  in,  221 


Physiology  and  hygiene    {continued) 
provision   for  instruction  of  pupils, 
88,  99 

Pictorial    or    graphic    representations, 
32 

Pictures 
apportionment  for,   157 
loans,   11 

Pipe     line     companies,     apportioning 
valuation,   135 

Playgrounds,  67,  88,  90,  99-100,   144, 
145,  146 

Political     meetings,     use     of     school- 
houses  for,  140 

Poll-list    in    common    school    district, 
79 
in  cities,  71-73 

Polling   places,    use   of    school-houses 
for,   140 

Poughkeepsie,  tax  election,  272 

Practical  arts,  schools  of,  178 

President     of     college,     ineligible    as 
Regent,  8 

Principals  of  schools 
fire  drills,  to  maintain,  227 
ineligible  as  Regent,  8 

Professional   schools,   4 

Professions,  supervision  of,  10-11 

Property 
corporation,   extinct,    14 
library,  control  by  Regents,  324 
school  library,  326 
of  transferred  library,  323 
subject  to  return  to  State,  325 
penalties  for  injuries  to,  323 
school  district,  consolidated,  43 
to    be    held    in    trust    for    common 

schools,   163 
See    also     Gifts;     Real    property; 
School    property;    Taxes;    Trus- 
tees ;  Trusts 

Provisional  charters,   13 

Public  accountants,  10 

Public    documents    part    of    state    li- 
brary, 316 

Public    health     law,     extracts     from, 
174-75 

Public  holidays,  157 

Public  libraries,  318 


INDEX 


353 


Public  libraries   (continued) 
abolition,  325 
defined,  318 

delinquent  libraries,  323,  325 
forfeiture  of  state  grants,  324 
formed  from  school  libraries,  323, 

326 
free  to  residents,  322 
gifts  to,  conditional  acceptance  of, 

320 
incorporation,  322 

penalties    for    detention    of    books, 
323 

for  injury  to  property,  323 
reports,  317-18,  323 
school     library    property,     transfer 

to,  326 
school-houses  as  stations,  139 
taxes,  318,  321 
transfers  of  books  to  state  library, 

317 
trustees,   321 
Public  library  money,  apportionment, 

324 
forfeiture  of  grants,  324 

return  to  State,  325 
Public  money,  see  School  moneys 
Public     school     teachers'     retirement 

fund,  292-315 
Pupils  and  teachers,  165-70 
See    also     Children;     Non-resident 

pupils 

Railroad  and  other  companies 
taxation,  130,  131 

apportioning  valuation,  135 
Reading-rooms,  318 
penalties    for    detention    of    books, 
323 
for  injuries  to  property,  323 
Real  property,  acquisition  for  school 
purposes,  143 
purchase  and  sale,  in  cities,  264 
Record    books,     teachers    responsible 

for,  168 
Records 
boards  of  education,  105 
copies  of,  authenticated  by  seal,  6 
on  file,  part  of  state  library,  316 


Records   (continued) 

removal  from  state  library,  316 

school  officers,  district  property,  81 
Recreation  grounds,  see  Playgrounds 
Regents 

absences,  9 

charters,  may  grant,  12-13 
may  alter  or  repeal,  13 
may  suspend,  12 

colleges    or    universities,    power    to 
regulate  name  of,  17 

Commissioner   of    Education,    chief 
executive  officer,  31 
election  of,  30 

constitutional  provisions,  1 

defined,  4 

departments,  may  establish,   11 

dissolution   of    institutions,   powers, 
14 

duplicate    department    of     state    li- 
brary, charge  of,  317 

election,  8 

examinations,   may  establish,    10 

extension    of    educational    facilities, 
11 

ineligibility,  8 

inspection  of  institutions,   12 

institutions    in    University,    powers, 
12 

legislative  power,  8 

libraries,    abolition    of,    duties    re- 
garding, 325 
approval  of  transfer,  323 

charters,  may  grant,  322 
gifts,  approval  of  acceptance,  320 
property,  control  of,  324 
reports,  to  submit,  326 
trustees,  may  remove,  324 

manuscripts   and   records,   to  make 
available,  316 

meetings,  9 
quorum,  9 

no  "  ex-officio  "  members,  8 

normal    schools,    approval    of    con- 
tract   for    education    of    children 
in,  242 
number,  1,  8 
oath  of  office,  9 
officers,  9 


354 


THE    UNIVERSITY    OF  .THE   STATE    OF    NEW    YORK 


Regents   (continued) 
penalty  for  falsely  claiming  to  rep- 
resent, 244 
physical  training,   rules  relating  to, 

224 
powers,  1,  5,  8,  9,  10,  11,  29 
professions,  supervision  of,  10-11 
property   to    be   held    in    trust    for 

common  schools,  163  % 

rules.    Commissioner    of    Education 
to  enforce,  35 
may  make,  9-10 
scholarships,  rules  governing,  24 
schools,  licensing,  29 
seal,  6 

senior  Regent,  powers  in  vice  chan- 
cellor's absence,  9 
state  library,  control  of,  316 
state    normal    college,    control    of, 

241 
term  of  office,  8 
testimony,  authority  to  take,  9 
vacancies  in  office,  8 

to  be  reported  to  legislature,  9 
vocational   schools,   regulations,   187 
Registered  architects,   10 
Registered  nurses,  10 
Registers,  see  School  register 
Registration  of  institutions,  10 
Rehabilitation  law,  328-32 
Religious    instruction    in    theological 
seminaries,     exempt     from    state 
control,  9 
See  also  Sectarian  schools 
Reports 
board  of  education  to  make,  105 
county  clerk  and  county  treasurer 
to   forward  to    Commissioner   of 
Education,  35 
county  treasurer  to  render,  160 
district  superintendents,  123 
from  University  institutions,   12 
failure  to   report   causes   suspen- 
sion, 12 
required  before  sharing  in  appor- 
tionment, 139 
public  libraries,  317-18,  323 
of  pupils  from  other  districts,  178 
regulations  for  making,  32 


Reports   (continued) 

school  library,  326 

school     officers,     Commissioner     of 
Education  to  require,  35 

state  library,  317 

state  museum,  11 

trustees,  90,  123 
Retarded  children,  175-76 
Retirement    fund    for    public    school 

teachers,  292-315 
Rockland      county,      assessment      for 

school   purposes   of    state   lands   in, 

134 
Rules  of  Regents 

amended,     suspended     or     repealed, 
9-10 

Commissioner  of  Education  to  en- 
force, 35 

enactment,  9 

violation     by     institutions,     causes, 
suspension,  12 
Rural  schools,  central,  52-54 
Rush,  assessment  of  lands  in,  134 
Russia,  assessment  of  lands  in,  134 

Sailors,  state  scholarships  for,  27-28 

St  Lawrence  University,  state  school 
of  agriculture,  291 

Sale  of  school-houses,  100,  142 
school      property,      application      of 
funds,  48 

Savings  banks  in  schools,  170 

Schoharie   State    School   of   Agricul- 
ture,  Cobleskill,  291 

Scholarships,  state,  23-28 
for    soldiers,    sailors,    marines    and 

trained  nurses,  27-28 
industrial  teachers,  242 

School  age,  170,  193 

School  authorities  defined,  5 

School  Commissioners 
acts  may  be  appealed  from,  287 
Arbor  day,  duties  relating  to,  228 
boards  of  education,  may  call  spe- 
cial election,  96 
certification  of  teachers  by,  167 
defined,  5 


INDEX 


355 


School   Commissioners    (continued) 
forfeiture  of  amount  of  moneys  lost 

by  neglect,  244 
physiology  law,   duties   relating  to, 

222 
property  held  in  trust  for  common 

schools,  163 
removal  of,  34 
reports,  abstracts  of,  35 
school    districts,    apportionment    of 
moneys    collected    by    supervis- 
ors, 43 
approval  of  proceedings  of  meet- 
ing   to    dissolve    union*    school 
district,  47 
designation  of  union  free  school 

districts,  45-46 
dissolution  and  alteration,  39 
dissolution   or  alteration  of   joint 

district,  38 
division  of  union  free  school  dis- 
tricts, 47 
meetings,  conditional  approval  of 
proceedings,  47 
effect  of  veto  of  proceedings,  47 
minutes  of  meeting  to  organize 
imion  school  to  be  filed  with, 
46 
special,  may  call,  64,  65 
number  and  description,  37 
school  neighborhoods,  48 
school  officers,  5 
may  accept  resignation  of,  80 
resignation  filed  with,  80 
school-houses,  condemnation  of,  141 
estimates  of  erection,  141 
may  request  use  of  for  examina- 
tions and  institutes,    139 
supervisory    districts,    duties    relat- 
ing to,  115 
teachers'    certificates,    may    revoke, 

168 
teachers'    institutes,    duties    relating 

to,  230 
term  to  mean  teacher,  293 
training   classes,   supervision,   232 
trustee,  may  fill  vacancies  in  office 
of,  80-81 
not  eligible  as,  78 


School  Commissioners   (continued) 
See  also  District  superintendent  of 
schools 
School  directors 
compensation,  117 
district  superintendents,  election  of, 
117 
filling  vacancy  in  office,  119 
election,   116 
oath,   116 

term  of  office,  116 
vacancies  in  office,  116 
how  filled,   116 
School  districts,  see  Districts 
School     elections,     district    meetings, 
65-69 
in  cities,  69-77 
School    grounds,    use    out    of    school 

hours,   139 
School  libraries 
apportionment  of  moneys  to,   157 

may  be  withheld,  327 
authority     to     raise     and     receive 

money  for,  326 
circulating    libraries    for    residents 

of  district,  326 
district     superintendent     to     advise 
trustees    regarding    purchase    of 
books,   121 
establishment,  318 
existing    law    and    rules    continued 

in  force,  326 
insurance,   88,    100 
librarian,  101,  326 
property,    transfer    to    free    public 

library,  326 
public   libraries    formed   from,   323, 

326 
reports,  326 

tax  for  establishment  of,  68,  326 
trustee  may  not  be  librarian,  78 
use  and  care,  325 
School  meetings,  62-69 
acts  may  be  appealed  from,  287 
annual,  of  boards  of  education,  97 
of   districts   re-formed  after  dis- 
solution,  64 
notice  of,  63 
time  and  place  of,  63 


356 


THE   UNIVERSITY   OF   THE   STATE   OF    NEW    YORK 


School  meetings    (continued) 
central  high  school  district,  59 
central    rural   schools,   to   establish, 

52 
consolidated  district,  39-40,  41 
in  dissolved  district,  42-43 
duty  to  attend,  65 
first,  notice  of,  62 
joint    district,    special    meeting    to 

act  regarding  dissolution,  38-39 
neighborhood  meetings,  48-49 
notice,  effect  on  proceedings  if  due 
notice  not  given,  65 
penalty  for  failure  to  serve,  65 
school -houses,    designation    of    site, 
142 
to  consider  erection  of,  141 
sale  of,  142 

use  for  political  purposes,  140 
special  meeting,  call  by  school  com- 
missioner, 65 
in  common  school  districts,  64-65 
in  union  free  school  districts,  65 
to    transact    business    of    annual 
meeting,  64 
taxes,  power  to  vote,  144 
text-books,  to  designate,  218 
union     school     districts,     establish- 
ment, 44 
dissolution      and     reorganization, 

46 
establishment,      proceedings      of, 
45-46 
voters,  qualifications,  65-66 
See  also  Boards  of  education 
School  moneys,  151-63 
apportionment,  certificate  of,  160 
certifying  and  paying,  manner  of, 

159 
to  cities,  academies,  academic  de- 
partments  and   libraries,    157 
by    Commissioner    of    Education, 

152 
by  district  superintendent,  161 
conditions     for     cities     and     dis- 
tricts,  156 
county  treasurer  to  forward  cer- 
tificates relating  to,  to  Educa- 
tion Department,  35 


School  moneys   (continued) 

errors  corrected  by  Commissioner 
of  Education,  153 

for   industrial  and  trade  schools, 
186 

for  physical  training,  224 

for    teachers'    salaries,    152,    153, 
161 

to     union     school     districts     and 
cities,  162 

when  payable,  161 
boards    of    education   may    borrow, 
101 

reports  on,  105 
city  schools,  274 
comptroller  may  withhold  pa3rment 

of,  162 
custody  of,  82,  85 
deposit,    custody    and    payment    in 

cities  and  villages,  103-4 
disbursements  by  supervisors,  109-10 

how  made,  83 
of  dissolved  district,  47 
expenditures,  estimate  of,  106 

limitation  upon,  103 

vote  on,  to  be  by  ballot,  69,  145 
forfeiture  of  amount  lost  by  neg- 
lect, 244 
issuing  order  in  excess  of  available 

funds,  a  misdemeanor,  92 
liability    of    collector    for    moneys 

lost,   86 
lost  or  embezzled,  tax  for,  68 
notice  of  non-payment,  92 
payment  by  trustee  to  successor,  91 

to     unqualified    teachers    prohib- 
ited,  168 
proceeds   from  sale  of  property  of 

dissolved   district,   disposition,   43 
supervisor's  bond  for,  112 

report   to   district   superintendent, 

113 
teachers'  fund,  collector  to  disburse, 

85 
treasurer,  custodian  of,  82 
trustees,  report  on,  91 

right  of  action  against  predeces- 
sor, 92 


INDEX 


357 


School  moneys  —  (continued) 
withheld  by  Commissioner  of  Edu- 
cation, 34 
for  failure  to  comply  with  com- 
pulsory education  law,  208 
for  failure  to  comply  with  physi- 
ology law,  222 
See  also  Bonds;  Taxes 
School  neighborhoods,  48-49 
apportionment  to,  153 
clerk  and  trustees,  duties,  49 
meetings,  49-50 
setting  off,  48 
School  nurse,  172 
School  officers,  77-81 
actions  against,  245,  246 
costs  in,  245 

expenses   in   defending  suits,   tax 
for,  68 
acts  may  be  appealed  from,  287 
bond,  penalties,  113 
contracts,   not   to  be   interested   in, 

334 
defined,  5 
election,  67,  79 
oath  of  office,  not  required  to  take, 

78 
penal  provisions  relating  to,  33^35 
penalties,  neglect  to  sue  for,  244 
for  falsely  claiming  to  represent, 

244 
for  refusal  to  serve  or  perform 
duty,  80 
qualifications,   78 

records,  books,  district  property,  81 
removal  by  Commissioner  of  Edu- 
cation, 34 
removed  from  office,  ineligible  for 

one  year,  78 
reports  required  of,  35,  64 
resignation,  80 

district    clerk    to    notify    trustees 
of,  82 
term  of  office,  78 

length  of,  when  elected  at  special 
meeting,  64 
terms  of,  in  newly  created  districts, 

78 
trustees  may  not  hold  office  of,  78 


School  officers    (continued) 
vacancies  in  office,  80 

how  filled,  81 
See  also   Collector;   District  clerk; 

District  treasurer;  Trustees 
School  property 
application  of   funds  obtained  from 

sale  of,  48 
exempt  from  taxation,  48 
School  record  certificate,  198 
School  register,  verification  of,  168 
School  savings,  170 
School  trustees,  see  Trustees 
School-houses,  137-45 
boards  of  education,  powers,  99,  100 
bonds,  144,  146 
city.  263 

city  elections  held  in,  70-71 
condemnation,  122,  141 
custody  by  trustees,  88  ^ 

erection,  138,  141 
exempt  from  taxation,  48 
exemptions    from  tax   for  building, 

128 
fire  escapes.  138 
fuel,  67.   101 

furniture,  67,  99-100.  101.  121,  122 
hire,  purchase  etc.,  67,  88,  100 
insurance,  68.  88,  100 
location,    137 
outbuildings,  101,  141 
plans     and     specifications     of     new 

buildings    must    be    approved    by 

Commissioner,   138 
property  not  subject  to  taxation,  48 

title    vested    in   board    of    educa- 
tion.  100 
repairs,  67.  89,  100.  122 
sale  of,  100,  142 
school    district    meetings    held     in. 

63 
site,  bonds  for  purchase  of,  146 

change  of,  142 

city  schools,  263 

condemnation  of  land  for,  143 

designation,  67,  142 

designation  without  vote,  142 

purchase,  88,  99 

sale  of,  100,  142 


358 


THE    UNIVERSITY    OF    THE    STATE    OF    NEW    YORK 


School-houses    (continued) 
taxes  and  bonds,  144 
title   to   lands,   vesting   in   boards 

of  education,  144 
when   owner's    consent   necessary, 
144 

taxes,  67,  138,  141,  144 

temporary     or     branch,      establish- 
ment, 90 

use,    for    examinations    and    insti- 
tutes, 139 
out  of  school  hours,  139 

ventilation,  138 

waterclosets,  101,  141 

See  also  Taxes 
Schools,  licenses,  28-30 
Scientific    associations,    incorporation, 

12 
Scientific  collections  made  by  museum 

staff,  12 
Seal   of    Regents    and    Commissioner, 

care  of,  31 
Secondary  education,  defined,  4 
Sectarian  schools,  no  state  aid  to,  1 
Seditious  or  disloyal  matter   in  text- 
books, 219 
Seditious   or  treasonable   acts,   teach- 
ers,   superintendents   and   employees 

removed  for,  170 
Seditious    teaching,    laws    prohibiting, 

28-30,   167 
Sewer    systems,    colleges,    may    con- 
struct, 21-23 
Shorthand  reporters,  certified,  10 
Sites,  see  School-houses 
Social  centers,  67,  88,  90,  99-100,  145, 

146 
Soldiers,  state  scholarships  for,  27-28 
Specimens,    transfer   to    state    library 

or  museum,  317 
State  certificates 

examinations  for,   166 

of  other  states,  endorsement,  166 
State  College  for  Teachers,  see  New 

York  State  College  for  Teachers 
State  historian,  327 
State  library 

borrowers,  317 

building,  7 


State  library  (continued) 

how  constituted,  316 

department  of  University,  11 

duplicate  department,  317 

fees,  may  charge,  317 

hours  of  opening,  316 

loans,  317 

manuscripts  and  records  on  file,  to 
receive,  316 

receipts  from  sales  used  for,  317 

reports,  317 

subject  to  Regents,  316 

transfers  from  state  officers,  317 
State  medical  library,  316 
State  museum 

building,  7 

collections  made  by  staff,  12 

how  constituted,  11  . 

department   of    University,    11 

Indian  section,  12 

report,   11 

transfers  to,  317 
State  officers 

may  borrow  from  state  library,  317 

transfers    of    books    etc.,    to    state 
library,   317 
State  publications 

certain,  in  Regents  charge,  317 

extra  copies,  317 

on  file,  part  of  state  library,  316 

proceeds  of  sales,  317 
State  scholarships,  23-28 
State  schools  of  agriculture,  54,   179, 

290 
State  treasurer 

payments  of  school  moneys  by,  160 

scholarships   fund,  duties,  26 
Statuary,  loans,  11 
Study  clubs,  324 
Subpoenas,   district   superintendent   to 

issue,   122 
Subsidies,  restrictions  of,  1 
Suffolk  county,  taxes,  125 
Suits,  see  Actions 
Superintendents  of  schools 

certification  of  teachers  by,  167 

city  schools,  254 

physiology   law,    duties    relating   to, 
221 


INDEX 


359 


Superintendents  of  schools    (cont'd) 
removal  of,  34 
for    treasonable    acts     or    utter- 
ances,   170 
school  officer,  5 
school  record  certificates,  issue  of, 

199 
school-houses,    may   request   use   of 
for    examinations    and    institutes, 
139 
teachers  training  schools  or  classes, 

supervision,  233 
in  union  free  school  districts,  103 
Supervision  quota,  152,  156,  161 
Supervisors,  109-13 
bond,  for  school  moneys,  112 

refusal  to  give,  consequences   of, 
112-13 
cost  in  actions  against,  245 
decisions    may    be    appealed    from, 

287 
district     superintendents,     may     in- 
crease salary,  119 
duties,   109-11 
farm    schools,    duties    relating    to, 

192 
fees,  44,  113 

gospel   fund,  apportionment,  164 
gospel    or    school    lots,    report    re- 
garding,  164 
libraries,  power  to  establish,  318 
property     in     trust     for     common 

schools,  163 
school  districts,   alteration  proceed- 
ings,  to   sit   with   school   com- 
missioner and  town  clerk,  38 
application    of    proceeds    of    sale 

of  property,  43 
sale  of  property  of  dissolved  dis- 
trict, 43 
school       moneys,        apportionment, 
duties  relating  to,   162 
reports    to    district    superintend- 
ent, 113 
to  sue  for  money  due  from  school 

officers,  43 
transcript     showing     unexpended 
moneys    for    teachers'    salaries, 
161 


Supervisors    (continued) 

supervisory  districts,  duties  relating 
to,  114-15 

taxes,  unpaid,  collection  of,  132 
levy  of,  133 

treasurer  to  demand  money  of,  83 

trustee,  not  eligible  as,  78 

trustees  not  to  draw  on  for  teach- 
er's wages  unless  record  is  veri- 
fied, 168 
Supervisory  districts,   114-16 

disputes  regarding  formation  to  be 
determined  by  Commissioner  of 
Education,  123 

Tax  election,  cities,  271 
Tax  law,  extracts  from,  135-37 
Tax  list,  124 
amendments,  129 
filing  with  town  clerk,  133 
transmission    to    county    treasurer, 

132 
trustee  to  make  out,  87-88 
Taxes,  124-37 
for  apparatus  and  text-books,  67,  68 
appeals  on  refusal  to  levy  for  costs 

in  action,  246 
assessment,  124-25 
of  state  lands  in  Dannemora  and 

Wawarsing,  133-34 
of  vacant  land,  127 
boards  of  education  may  levy  with- 
out vote,  106 
central   high    school   district,   5&- 
59,  60 
certification     by     trustees     of     col- 
lector's return,   132 
cities,  tax  election,  271 
collector,  fees,  130 
jurisdiction,   129 
notice,   129-30 
corporate  authorities  to  levy,  107 
costs     in     actions     by     or     against 

school  officers,  245 
equalization    within    joint    districts, 

126-27 
exemptions    from   tax    for   building 
school-house,   128 


360 


THE    UNIVERSITY    OF    THE    STATE   OF    NEW    YORK 


Taxes    (continued) 
libraries,  318,  321 
non-resident   pupils,   deducted   from 

charges  for  tuition,  170 
outbuildings,  provision  for,  142 
persons  working  land  on  shares  and 

vendees    in    possession    liable    to 

taxation,   127-28 
powers  of  annual  and  special  meet- 
ings to  vote,  144 
property   of   certain   absentee   own- 
ers,  liability  of,   128 

to  be  assessed,  127 
railroad      and      other      companies, 
notice  to,   130 

payment  by,  131 
receipt  for,   135-36 

for  record  book,  68 
to   replace   moneys    lost   or   embez- 
zled, 68 
school  library,  68,  326 
school  property  exempt  from,  48 
school-houses,  67,  138,  141,  144 

sites,  67 
suits  for  recovery  of,  132 
to  supply  deficiencies,  68 
Suffolk  county,    125 
for  teacher's  salary,  89,  101,  106 

payment  of  deficiency  in,   68 

to  pay  judgments  on,  68 
tenant's     right    to    charge    tax    to 

landlord,  128 
text-books,  for  purchase  of,  218 
trustees,  expenses  of,  92 
unpaid,  collection  of,   133 

levy  by  supervisors,  133 

return  by  collector,  132 
valuation,  ascertainment  of,   126 

power    of    trustees   to   determine, 
126 
vote  on,  69,  106,  144 
warrant,  for  collection  of,  128 
filing  with  town  clerk,  133 

renewals   of,   129 
Teachers,   165-70 
accommodations  for,  102 
agencies,       district      superintendent 
not  to  be  interested  in,  120 


Teachers   (continued) 
of    agriculture,    mechanic   arts    and 

homemaking,   184,   185,   186 
athletic,      playground      and      social 
center   activities,   supervision,    88, 
101 
attendance  at   institutes   or   confer- 
ences, 121,  157 
citizenship,   165 
city  schools,  258,  275 
contract  with,  168 
penalty    for    failure   to   complete, 
169 
dismissal,  169 
employment,  88,  101,  121 
examination  and  licensing  of,  122 
fire  drill,  to  maintain,  227 
of   foreign  born   and  native  adults, 

33-34 
fund,  collector  to  disburse,  84 
Indian  schools,  152 
for    industrial    and    trade    schools, 

31,  184,  185,  242 
loyalty  test,   167 

meetings,   called   by   district    super- 
intendent,  121 
pedagogical   departments    for  train- 
ing of,   114 
pensions,  292-315 
physical  training,  223,  224 
physiology    and    hygiene,    examina- 
tions in,  221 
primary      and      grammar      schools, 

166 
qualifications,    165,    167 
quota,  153,  154,  161 

district  entitled  to,  156,  177 
for  school  librarian,  326 
record  of  attendance,  to  keep,  198 
books,   168 
verification  of,  168 
registers  of,  32 
removal,   169 

for    treasonable    acts     or    utter- 
ances, 170 
retirement  fund,  292-315 
salaries 
apportionment     of     moneys     for, 
152,  153,  161 


INDEX 


361 


Teachers   (continued) 
city  schools,  276,  282 
Commissioner  of   Education  may 
authorize    payment    in    certain 
cases,  153 
expenditures  for,  106,  109 

issuing  orders  for  in  excess  of 
available     funds,     a     misde- 
meanor, 92 
payments  of,  162 
authorization  by   Commissioner 

of  Education,   152 
by  trustees,  89 
from  district  quotas,  42 
not  to  be  paid  until   record  is 

verified,  168 
payable    as    often    as    monthly, 

170 
time    of    payment    in    contract, 

169 
to     unqualified     teachers     pro- 
hibited, 168 
tax  for,  68,  89,  101,  106 
union  free  school  districts,  285 
school  record  certificates,   issue  of, 

199 
temporary  districts,  50-51 
trustees,  relationship  to,  169 
See  also  Training  classes 
Teachers'  certificates 
Commissioner  of  Education  to  issue, 
166 
may  annul,  31 
district    superintendent    may    grant, 

122 
endorsement,  166 
examination  for,  122,  166 
local  authorities  may  issue,   167 
prerequisite  to  employment,  165 
registers  of,  31-32 
regulations   governing,   166 
revocation,  31,  122,  168 

for   failure  to  complete  contract, 

169 
for    refusal    to    teach    physiology 
and  hygiene,  221 
temporary,  166 


Teachers'  institute,  229-31 
Technical  schools,  4,   179 
Telegraph    and    telephone    companies, 
130,  131 
apportioning  valuation,  135 
Temporary  school  districts,  camps,  50 
Term  of  schools,  when  to  begin,  157 
Testimony,    authority   of    Regents    to 

take,  9 
Text-books,  217-20 
adoption,  121 

boards  of  education  or  other  school 
authorities  to  designate,  99,  218 
changes  in,  218 
containing     seditious     or     disloyal 

matter,  219 
district  to  vote  tax  for,  68 
free,  in  union  school  districts,  218 
may   be   rented   or   sold   to   pupils, 

218 
on  physiology,  220 
Theological    seminaries,    religious    in- 
struction   in,    exempt    from    state 
control,  9 
Town  clerk,  108-9 
collector's  bond,  to  file,  83 
duties,   108-9 
expenses,  109 
fees,  44,  84 

forfeiture  of  moneys  lost  by  neg- 
lect, 244 
notice  of  meeting  to  establish  cen- 
tral rural  school,  52 
school  districts,  alteration  proceed- 
ings,   to    sit   with    school   com- 
missioner and  supervisor,  38 
decision    regarding    alteration    to 

be  filed  with,  38 
description      and      number      filed 

with,  37 
minutes    of    meeting   to   organize 
union   school  to  be   filed  with, 
46 
records    of    dissolved    district    to 
be  deposited  with,  43 
tax  list  and  warrant  filed  with,  133 
Town  law,  extract  from,  113 


362 


THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 


Towns 

libraries,  318 

property     in     trust     for     common 
schools,  163 
Trade  schools,  178-86 
application  of  moneys,   186 
estimates  and  appropriations,  186 
home  schools,  establishment,  209-15 
state  aid  for,  184 

supervision     by     Commissioner     of 
Education,  31 
Training  classes,  232-33 
apportionment  for,  162 
inspection    by    district    superintend- 
ent, 121 
physiology  and  hygiene,  instruction 
in,  221 
Transfer  of  libraries,  323 
Transportation  of  pupils,  see  Convey- 
ance 
Traveling  libraries,  324 
Treasonable    acts,    see    Seditious    or 

treasonable  acts 
Treasurer,  see  County  treasurer;  Dis- 
trict treasurer;   State  treasurer 
Trenton,  assessment  of   lands  in,   134 
Truant  office^  school  officer,  5 
Truant  schools,  205 
Truants,  arrest  of,  205 
Trustee,  defined,  4 
Trustees,  86-92 
of  academy,  may  dissolve  academy, 

14-15 
account  books,  to  provide,  89 
actions  by,  against  predecessor,  92 
costs  in,  245,  246 
may  be  appealed  from,  287 
agriculture,      mechanic      arts      and 
homemaking,     schools    of,    duties 
relating  to,  183 
apparatus,     expenditures     for,     88, 

89-90 
application  of  moneys   from  gospel 

funds,   165 
ballot  boxes,  to  provide,  79 
boards  of  education  have  powers  of, 

104 
body  corporate,  ^6 


Trustees   {continued') 
bonds,  issue  of,  146 

legalizing,   148 
central  high  school  districts,  55,  58 
central  rural  schools,  53 
collector,  to  deliver  bonds  to,  ^Z 

in  default,  remedy  against,  ^6 
conclusions  of  two  valid,  87 
condemnation  of  land,   143 
conferences    with    district    superin- 
tendent,  121,   122 
contracts,   not   to   be   interested   in, 
92,  334 

with    trustees    in    other    districts, 
177 
conveyance  of  pupils,  may  contract 

for,  69 
disbursements,  may  order,   83 

of  teachers'  fund,  84 
district  quotas,  powers,  42 
election,  78-80,  93-94 

in  common  school  districts,  67 
factories,    courses    of    study    in,    to 

prescribe,  ZZ 
fire  drill,  duties  relating  to,  227 
fire  escapes,  construction,   139 
forfeiture    of    amount    of    moneys 

lost  by  neglect,  244 
ineligibility,  78 
to  insure  school  property,  68 
issuing  order  in  excess  of  available 

funds  a  misdemeanor,  92 
meetings,  87 

See  also  School  meetings 
neglect  of  duty,  80 
neighborhood  trustee,  report,  49 
nuisances,  abatement,  89,  122 
number,  78-79 
payment  to  successor,  91 
penalty,  for  failure  to  account,  91 

for       payment       of       unqualified 
teacher,  168 
physical     training,     duties     relating 

to,  223 
physiology   law,    duties    relating   to, 

221 
powers  and  duties,  87-90 

mode  of  exercise  of,  87 


INDEX 


363 


Trustees    (continued) 
property  held  by,  87 

in     trust     for     common     schools, 
163 
refusal  to  serve,  80 
removal  of,  34 

report    of    pupils    from    other    dis- 
tricts, 178 
reports,  90,  91,  123 
filed  with  Commissioner  of  Edu- 
cation, 35 
school    districts,    alteration    without 
consent  of,  38 
consent  to  dissolution,  39 
dissolved,  to  continue  in  office  to 
settle  unfinished  business,  42-43 
notice  of  meetings  in  other  than 

village  districts,  to  give,  44 
to  give  notice  of  meetings  to  or- 
ganize union  schools  in  two  or 
more  districts,  44—45 
union     school     district,     to     call 
special  meeting  for  organizing, 
44 
school   libraries,   appointment  of   li- 
brarian, 326 
school  meetings,  annual,  may  desig- 
nate place  of,  63-64 
special,  may  call,  64-65 
to  consider  questions   of  build- 
ing school-houses,   141 
school    moneys,    duties    relating    to, 

82,  91,  92,  155 
school  officer,  5 
school  officers,  may  fill  vacancies  in 

office  of,  81 
school-houses,     abatement     of     nui- 
sances, 89,   122 
care  of,  89 

contract  for  building,   141 
furniture,   89,    122 
may  grant  use  of  for  certain  pur- 
poses, 139 
not  to  levy  tax  for  unless  plans 
approved  by  Commissioner,  138 
outbuildings,   provision   for,    141 
repairs     and     appliances,     duties 
concerning,  89,  122 


Trustees  (continued) 
school-houses    and    grounds,    super- 
vision, 139 
school-houses   or  site,   execution   of 
deed  for  sale  of,  143 

to    sue    for    money   unpaid   upon 
security,   143 

to  take  security  for  sale,  143 
sole  trustee,  powers  and  duties,  S7 
tax     list,     transmission    to    county 

treasurer,  132 
tax    list    and    warrant,    delivery    to 

town  clerk,  133 
taxation  for  expenses  incurred  by, 

92 
taxes,  for  certain  expenses,  to  levy, 
246 

suits  for  recovery  of,  132 
teachers,  contract  with,   168 

relationship  to,   169 
temporary  districts,  50 
temporary    or    branch    schools,    to 

provide,  88 
terms  of  office,  78,  93-94 
treasurer  to  deliver  bond  to,  83 
vacancies  in  office,  80,  87 

action  in  case  of,  87 

how  filled,  80-81 
See     also     Boards     of     education; 

School  meetings ;  Taxes 
Trustees  of  corporations 
application   for   dissolution   of   edu- 
cational  corporations,    13-14 
Trustees  of  public  libraries,  321 

Regents   may   remove,   324 
Trustees   of   University   institutions 
absences  from  meetings,  19 
degree  and  credentials,  may  grant, 

21 
election,  19 

executive  committee,  19 
ineligible  as  Regent,  8 
meetings,  19 
no  compensation,  21 
number  and  quorum,  19 
officers  and  employees,  20-21 
powers,  19-21 
property,  control  of,  20 
property-holding,  20 


364 


THE    UNIVERSITY    OF    THE   STATE    OF    NEW    YORK 


Trustees     of     University     institutions 
(continued) 

removals  and  suspensions,  21 

removals  by  Regents,   19-20 

rules,  may  make,  21 

seniority,  19 

term  of  office,  19 

vacancies,  19 

women  eligible,  20 
Trusts  for  schools,   163-65 

control  and  supervision,  163 

report  of,  to  Commissioner  of  Edu- 
cation,  164 

See  also  Bequests ;  Gifts 
Tuition  in  contracting  districts,   177- 

78 
Tuition    of    non-resident    pupils,    100, 

158,  159,  170 
Tuxedo,    assessment    for    school   pur- 
poses of  certain  state  lands  in,  134 

Union  free  school  districts 

alteration,  37 
apportionment  to,  152 
board  of  education  to  control,  100 
clerk,  84 
collector,  84 

consolidation      of      other      districts 
with,  41 

restriction,  39 
deposit,    custody    and    payment    of 

moneys,  103 
dissolution,   39 

restricted,  46,  47 
division,  of   dissolved  district,  47 
establishment,  44,  45-46 
industrial  and  trade  schools,  184 
laws  applying  to,   107 
meeting,  annual,  62,  64 

regarding  reorganization  as  com- 
mon school  district,  46 

of  two  or  more  districts,  44-45 
number    of    members    of    board    of 

education  in,  97,  98-99 
proceedings    of    meetings    to    form, 

45-46 
school  district,  for  purposes  of  ap- 
portionment, 162 
special  meetings,  65 


Union  free  school  districts  (cont'd) 

supervision     by     Commissioner     of 
Education,  35 

treasurer,  84 

trustees,  78 

vacancy  in  office,  how  filled,  80-81 

See     also     Boards     of     education; 
Districts ;        School        meetings ; 
Trustees 
Union  schools,  academic  departments, 

see  Academic  departments 
Unit  trade  schools,  179 
United  States  deposit  fund,  1,  324 
Universities,  4 

incorporation,   12 

use  of  name,  17 
University  of  the  State  of  New  York, 
4,  7-30 

in  constitution,   1 

corporate  name  and  objects,  8 

departments,  11 

government,  1,  8 

institutions  in,  12 

management     and     supervision     by 
Education    Department,    5 

objects,  8 

powers,  1,  8 

reports  to  the  legislature,  6 

seal,  6 

use  of  term,  4 

See    also     Education     Department; 
Regents 
University   scholarships,   23-28 

Vacancies  in  office 

boards  of  education,  101 

district  superintendent,  119 

Regents,  8 

school  director,  116 

school  officers,  80 

school  trustee,  80,  87 

trustee    of    University    institutions, 
19 
Vacation  employment  certificates,  200 
Vaccination  of  school  children,  174-75 

report  on,  91 
Ventilation  of  school-houses,  138 
Veterinary  medicine  and  surgery,   10 


INDEX 


365 


Vice  chancellor  of  University,  9 
.  powers,  9 
Village  law,  provision  on  collection  of 

school  district  taxes,  137 
Villages 

deposit,    custody    and    payment    of 

moneys  in,   103-4 
libraries,  318 
taxes,  corporate  authorities  to  levy, 

107 
union  school  districts  in,  notice  of 
organization,  44 
Visitation  of  schools,  see  Inspection 
Visual  instruction,  provision  for,  32 
Vocational     education,     federal     aid, 

187 
Vocational  schools,   178-87 
Voters 

challenges,  66 

city  school  elections,  69-77 

penalty    for     false    declaration    or 

imauthorized    vote,    66 
powers,  66-69 

qualifications    at    district    meetings, 
65-66 


Voting  machines,  use  of  in  city  school 
elections,  77 

Warrants 

for  collection  of  taxes,  128 
comptroller's,      for      payment      of 

school  moneys,  160 
filing  with  town  clerk,  133 

Washington's  birthday,   157 

observance  in  public  schools,  227 

Waterclosets,  101,  141 

Water-works,  colleges  may  construct, 
21-23 

Wawarsing,  assessment  for  school 
purposes  of  certain  state  lands  in, 
134 

Western,  assessment  of  lands  in,  134 

Witnesses,  subpoenas  to  compel  at- 
tendance of,  122 

Women,  district  superintendents,  118 
may  vote  at  school  meetings,  66 

Woodbury,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 


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